The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025: equality impact assessment

8. Gender reassignment

There is no robust data relating to the proportion of people in Scotland to whom the gender reassignment protected characteristic applies. However, the Scottish Government recognises that a potential barrier to trans and non-binary people accessing disability assistance is a requirement for individuals to provide their gender when making an application. This is often discriminatory as individuals are asked to tick a box to indicate their gender. This tends to involve a male-female binary which does not apply to individuals whose gender does not fit into one of these categories, such as individuals who are non-binary, agender or genderfluid.

During our engagement with individuals, those who had undergone gender reassignment discussed feelings of being 'outed' by this process as they had to reiterate that they had changed gender and often felt disparaged by assessment staff. They also expressed frustration that the system could not cope with their attempts to amend their existing identity information, such as name and gender, within the current system.

It is anticipated overall though that Scottish Adult Disability Living Allowance will have a positive impact on this group. Information on an individual's gender is not required to make a determination of entitlement for Scottish Adult Disability Living Allowance.

Our systems have been designed to allow individuals to identify as 'male', 'female' or 'other', and whilst there will not be any new applications for Scottish Adult Disability Living Allowance, those with existing claims will be able to request to update their gender identity in our systems. Agency staff will be recruited who embody values of dignity and respect and all training for new staff will include awareness of equality, diversity and inclusivity, and be underpinned by human rights principles.