The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025: child rights and wellbeing impact assessment

Scottish Adult Disability Living Allowance : Child Rights and Wellbeing Impact Assessment

Disclaimer

This document is an assessment of the likely effects of The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 on the rights and wellbeing of children and Scottish Government will continue to review and update this document where required during the parliamentary process. Any future iterations will reflect an increased understanding of these impacts as the amount of evidence available continues to grow.

This impact assessment should be read in conjunction with:

• Equalities Impact Assessment
• Fairer Scotland Duty Assessment
• Business and Regulatory Impact Assessment
• Island Communities Impact Assessment
• Data Protection Impact Assessment
• Strategic Environmental Assessment - pre-screening

Child Rights and Wellbeing Impact Assessment Template

Introduction

1. Brief Summary

Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 - Scottish Statutory Instrument

The Social Security (Scotland) Act 2018 (the 2018 Act) sets out the broad framework for the delivery of the Scottish Government’s social security benefits. On 1 April 2020, Scottish Ministers took executive and legal competence for disability benefits, including Disability Living Allowance (DLA), Personal Independence Payment (PIP) and Attendance Allowance (AA).

Scottish Adult Disability Living Allowance will be delivered by Social Security Scotland on behalf of Scottish Ministers. It will replace DLA for adults in Scotland and its eligibility criteria will be largely similar to DLA. Like Disability Living Allowance for adults under the Department for Work and Pensions, Scottish Adult Disability Living Allowance will be a closed benefit, meaning it will not be available to new applicants. It will only be available to those whose awards are transferring from Disability Living Allowance for adults.

Type of proposal

Applicable answer: SSI

Name the proposal, and describe its overall aims and intended purpose.

Since Scottish Ministers took over the executive competency for disability and carer benefits, DLA has been delivered during a transition period by the Department for Work and Pensions (DWP) under the terms of an Agency Agreement.

The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 set out the eligibility criteria for Scottish Adult DLA, along with setting out the process for reviews and interactions with existing financial supports. The regulations also make provision for the case transfer of disability benefit awards for people in Scotland who currently receive DLA.

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.

Start date of relevant proposal: March 2025

Start date of proposal’s development: July 2023

Start date of CRWIA process: July 2023

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

As applications for DLA for those over 16 were closed in 2013, the relevant proposal will not directly impact children and young people under the age of 18. Although children or young people up to the age of 18 may be cared for by an individual in receipt of Scottish Adult DLA, the purpose of this payment is to assist with the extra costs associated with the individual’s disability or condition. For those aged under 18 making new applications, there are other forms of disability assistance delivered by Social Security Scotland, namely Child Disability Payment (CDP) for those under 16 and Adult Disability Payment (ADP) for those over 16.

The intention of introducing Scottish Adult DLA is to maintain eligibility for adults in Scotland who are currently receiving DLA. Scottish Adult DLA will be like-for-like with DLA in order to ensure a safe and secure case transfer of awards from the Department for Work and Pensions to Social Security Scotland. Considering the requirements of the UNCRC (Incorporation)(Scotland) Act 2024, the introduction of Scottish Adult DLA will have a neutral impact across all articles as the amount of the payment and eligibility criteria is not changed. This SSI purely allows for the safe and secure transfer and continuity of the benefit with Scotland now having competence for running these benefits.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

From:

• existing research/reports/policy expertise
• consultation/feedback from stakeholders
• consultation/feedback directly from children and young people

As above, as adults over the age of 16 have not been able to make new applications to DLA since 8 April 2013, there will be no under 18 year olds in scope to have their award transferred to Scottish Adult DLA. It is included within the regulations that only individuals who are aged 18 or over will be able to receive Scottish Adult DLA.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

N/A

5. Analysis of Evidence

N/A

6. What changes (if any) have been made to the proposal as a result of this assessment?

N/A

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal:

Children’s Rights

Applicable answer(s): Neutral

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

N/A

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

N/A

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Please summarise mitigation actions taken below

Issue or risk Identified per article/ Optional Protocol

N/A

Action Taken/ To Be Taken

N/A

Date action to be taken or was taken

N/A

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Applicable answer: N/A

If yes, please provide and explanation below:

N/A

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

This Child Rights and Wellbeing Impact Assessment will be published alongside the SSI on the legislation.gov.uk website to allow those who wish to do so to read it. This impact assessment has been written in an accessible manner so that those wishing to read the it understand its content and impact.

Post Assessment Review and sign-off

12. Planning for the review of impact on children’s rights and wellbeing

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

• How will the impact of the proposal on children’s rights and wellbeing be monitored?
• When will you review and update the CRWIA if required?

If new information comes to light after Scottish Adult DLA is launched, or during delivery of the legislation, this will be assessed for potential impact on children and young people. This is not anticipated to be the case due to the age of those eligible to receive Scottish Adult DLA, as identified in this assessment.

13. Sign off

Policy Lead Signature & Date of Sign Off: Beth Stanners 19/08/2024

Deputy Director Signature & Date of Sign Off: Ian Davidson 16/10/2024

Date CRWIA team first contacted: 06/08/2024

Confirmation of engagement with SGLD: Y