The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025: fairer Scotland duty assessment

2. Summary of evidence

This Fairer Scotland Duty assessment has been developed drawing on a range of primary research, including public consultations, engagement with lived experience, as well as ongoing consultation with stakeholders including through the independent Disability and Carers Benefits Expert Advisory Group (DACBEAG)^[3] and the Ill Health and Disability Benefits Stakeholder Reference Group.^[4]

This work also drew upon interviews conducted via the Scottish Government’s Social Security Experience Panels.^[5] The Panels involve people with lived experience of the benefits that are being devolved to Scotland and have over 2,400 members drawn from people across Scotland. In 2019, a second round of recruitment took place, targeting specific groups identified as being underrepresented such as ethnic minorities and young people.

A specific survey regarding the case transfer process was sent out to Experience Panel members in February 2019. 559 responses were received and a summary of these responses was published.^[6]

The Scottish Health Survey 2022 provides an estimate of the number of disabled people in Scotland It states that 37% of people over the age of 16 have a limiting longstanding illness. However, 51% those aged 65-74 had such an illness, rising to 58% for people over 75.^[7]

Based on information from the Department for Work and Pensions’ Stat-Xplore service, as of August 2023 there were around 80,000 individuals with an entitlement to Disability Living Allowance in Scotland whose awards would be eligible for transfer to Scottish Adult Disability Living Allowance.^[8] Based on estimates provided by the Scottish Government’s Communities Analysis Division, there will around 66,000 people in Scotland still with awards of Disability Living Allowance in scope for transfer by the time Scottish Adult Disability Living Allowance is launched in Spring 2025.^[9]

2.1 The link between poverty and disability

Research has shown that poverty disproportionately affects individuals with a disability across the United Kingdom, with higher poverty rates being reported amongst disabled people compared to the rest of the population. Disabled people face significant additional financial burdens beyond typical day-to-day living costs due to managing their health conditions through adaptations and therapies not provided by the NHS or local authorities.^{[10] [11]}

When considered alongside the impact of a long-term health condition or disability, women tend to be disproportionally impacted by low income. A report by the Women’s Budget Group has also found that, overall, women are twice as likely to rely on social security as men.^[12]

A 2023 report by the Trussel Trust found that disabled people are disproportionately affected by food insecurity and are consequently overrepresented in referrals to food banks, which is partly driven by cost of living.^[13] Similar research from the Papworth Trust in 2018 showed that three-quarters of households using foodbanks contain someone with a health condition or disability, with one-third containing someone with a mental health condition.^[14]

Poverty amongst disabled people is likely to be exacerbated in light of the COVID-19 pandemic. UNICEF highlighted that: ‘In the context of the COVID-19 pandemic, persons with disabilities may have increased risk’.^[15] The report also makes connections between the pandemic and poverty, with disabled people likely to be disproportionately impacted.