Draft Disability Assistance for Older People (Scotland) Regulations 2024: Draft Business and Regulatory Impact Assessment

Legal Aid Impact Test

Individuals applying for Pension Age Disability Payment will have a right to request a re-determination of their entitlement by Social Security Scotland and subsequently will be able to appeal to the Social Security Chamber of the First-tier Tribunal for Scotland.

It is not envisaged that there will be any greater demands placed on the legal aid system as a result of implementing this change, principally because the caseload is unlikely to change significantly. Legal assistance is available to individuals and is subject to a financial eligibility test based on the ‘disposable income’ and ‘disposable capital’ of the individual.

It is a demand led budget and will continue to be available to individuals to appeal a determination of entitlement to the First-tier Tribunal, the Upper Tribunal, the Court of Session or the Supreme Court. The Scottish Government does not expect any new impact on the legal aid budget and expects legal assistance through the statutory scheme of Advice and Assistance, and Advice by Way of Representation will continue.

The Scottish Government expects that the re-determination process will ensure most determinations are made correctly. If nevertheless someone remains dissatisfied and wishes to appeal to the First-tier Tribunal, Social Security Scotland will do all it can to help an individual with an appeal. This includes providing information about the process, providing the right form to make an appeal and signposting to organisations who can support the individual throughout the process.