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

United Nations Convention of the Rights of the Child (UNCRC)

52. The policy intent has been assessed against the relevant UNCRC articles:

53. Article 3 – Best Interests of the Child: Social Security Scotland has been developed around the principles of dignity, fairness and respect, transparent decision making, a person centred approach and rooted in the belief that social security is a human right. Both Child and Adult Disability Payment have these principles embedded and these amendments seek to enhance the way in which the assistance is delivered particularly for those moving between the benefits.

54. Article 6 – Life, Survival and Development: Child Disability Payment is intended to mitigate the additional costs disabled children and young people, and their families, incur in meeting their care and mobility needs. Mitigation of these additional costs provides children and young people with funding to access community resources, education and social activities, develop skills and new experiences and to have a good quality of life. By introducing these amendments, we are helping to ensure that children and young people have financial continuity with regard to timing of payments as they transition to Adult Disability Payment. This is particularly valuable at a time when young people are experiencing many other transitions which can be the source of a great deal of stress and anxiety for them and their families.

55. Article 12 – Respect for the Views of the Child: Both Child and Adult Disability Payment have been developed through consultation with, and input from, people with lived experience of the current social security system. This includes young people, their families and carers through our Social Security Experience Panels. These amendments were informed by those findings and our continued engagement with disabled people and stakeholder groups.

56. Article 23 – Children with a Disability: Child Disability Payment ensures that individuals who receive it are more likely to be able to live a full life, to be as independent as possible and to be able to engage in the community. By ensuring that some of the additional costs incurred as a result of additional care or mobility requirements are mitigated, eligible disabled young people will have the option to engage in more activities of their choosing. These amendments strengthen our commitment to support these young people by ensuring they have further stability through their transition to Adult Disability Payment. This will help to ease any additional anxiety during a potentially stressful period.

57. Article 26 – Social Security: These amendments will help ensure that young people moving from one form of assistance to another experience a smooth transition which includes receiving payments at the same time

58. Article 27 – Adequate Standard of Living: The key policy intent of Child Disability Payment and Adult Disability Payment is to provide individuals with payments to help mitigate the costs they incur as a result of a disability or long term condition. These amendments, therefore, aim to support that intent but ensuring that no individual is disadvantaged through their transition to Adult Disability Payment. This includes providing financial continuity with regard to timing of payments. By ensuring this continuity, young people in receipt of either payment will be able to use it to pay for things such as care, access to community resources, transport, social activities, and any other goods or services of their choosing.