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

Key Findings and Policy Aims

Changes to the Child Disability Payment and Adult Disability Payment Regulations which relate to the Child Disability Payment to Adult Disability Payment journey

65. We consider that these amendments will have a positive impact on promoting children's rights and wellbeing. These changes will positively impact disabled young people who are moving from Child Disability Payment to Adult Disability Payment.

66. At the moment, this group of individuals are entitled to Adult Disability Payment from the date that a determination is made. We are amending the both the Child Disability Payment and Adult Disability Payment Regulations to enable the payment cycles of young people moving from Child Disability Payment to Adult Disability Payment to be maintained and to bring entitlement to Child Disability Payment to an end in alignment with the start of Adult Disability Payment. This will have a positive impact on disabled young people who are transitioning from Child Disability Payment to Adult Disability Payment as it means that they will receive their Adult Disability Payment at the same time that their Child Disability Payment was previously paid. This will provide them with financial continuity and help young people in regard to their financial planning. Continuing to receive disability payments at the same time will help with managing regular costs and outgoings, thus easing their transition from one form of assistance to another.

67. Furthermore, there will be extensive support and advice available to individuals undergoing this process. Support will be available through a choice of channels. It will be made clear to all individuals that there are some instances in which it will be an individual's interests to remain in receipt of Child Disability Payment for as long as possible, and others where they may receive more favourable entitlement to Adult Disability Payment. We will recommend that individuals access independent advice in order to make an informed decision about what is best for them.

68. There is provision in the Child Disability Payment Regulations to extend entitlement to Child Disability Payment to age 19 for those transferring from Disability Living Allowance to Child Disability Payment or those moving to Child Disability Payment following a cross border move. This was included to provide case transfer or cross border individuals, approaching 18 at the time of transfer, sufficient time to make their Adult Disability Payment application before their Child Disability Payment comes to an end. We are now at a point in the case transfer process where we know all Disability Living Allowance for Children recipients over age 16 have been transferred, are receiving appropriate communications about making an application for Adult Disability Payment and have adequate time to submit their Adult Disability Payment application.

69. As such, we are amending this provision to apply only to those who turn 18 on or before 31 December 2023. We are confident this means the extension to age 19 has enabled those individuals who needed additional time to apply for Adult Disability Payment, have had that. Following these amendments all young people who are aged 18 after 31 December 2023, regardless of whether an individual was originally in receipt of Disability Living Allowance or not, will be subject to the same rules regarding receipt of Child Disability Payment over the age of 18. They will all be eligible for Child Disability Payment to continue over age 18 (up to a maximum age of 19) if they have submitted a full application for Adult Disability Payment before they reach 18. Child Disability Payment will then continue until the earlier of the date their Adult Disability Payment commences (or if their Adult Disability Payment application is unsuccessful the date of that determination) or when they reach age 19.

70. Going forwards there is no issue of people not having time to submit an Adult Disability Payment application; these can be made at any point from 15 years and 9 months onwards and Child Disability Payment individuals receive multiple communications regarding when they may want to make an application for Adult Disability Payment in the period between 15 years 9 months and 18 years.

Other Amendments to the Child Disability Payment, Adult Disability Payment, and Adult Disability Payment transitional provisions Regulations

71. We are amending the Child Disability Payment and Adult Disability Payment Regulations to clarify the provision, 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 individual has died, their entitlement will end on the day the person dies.

72. We are making explicit that the care/daily living component of Adult Disability Payment/Child Disability Payment is restricted to those individuals for whom the UK is their competent state.

73. We are also clarifying Regulation 34(b) of the Child Disability Payment Regulations by inserting the word 'Payment' after 'Child Disability' as this is currently missing.

74. 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.

75. These are technical amendments and we do not consider that they will have any significant impact on individuals other than to clarify these provisions in terms of the Regulations.

Amendments to the Social Security (Invalid Care Allowance)

76. We are making amendments to the Social Security (Invalid Care Allowance) Regulations 1976 to reflect the current legal position for carers to be able to receive Carer's Allowance when abroad and caring for someone who is in receipt of Child Disability Payment or Adult Disability Payment. This will ensure Carers providing care to someone in receipt of Child Disability Payment or Adult Disability Payment are treated consistently with those providing care to someone on Attendance Allowance, Disability Living Allowance or Personal Independence Payment.

77. There is not sufficient data available to evaluate the impact of this amendment on individuals however this is a small amendment to align with what currently happens and as such we do not predict any significant impact