Draft Disability Assistance for Older People (Scotland) Regulations 2024: Draft Equality Impact Assessment

This publication has been updated. See Disability Assistance for Older People (Scotland) Regulations 2024: Equality Impact Assessment - gov.scot (www.gov.scot).

Draft Equality Impact Assessment (EQIA)

Title of Policy

The Disability Assistance for Older People (Scotland) Regulations 2024

Summary of aims and desired outcomes of Policy

The Social Security (Scotland) Act 2018 sets out the broad framework for the delivery of the Scottish Government’s social security benefits.

On 1 April 2020, executive and legal competence for disability benefits, including Disability Living Allowance for Children, Personal Independence Payment and Attendance Allowance was transferred to Scottish Ministers.

Pension Age Disability Payment will be the replacement for Attendance Allowance in Scotland. This new benefit will be delivered by Social Security Scotland.

Attendance Allowance will continue to be delivered during a transition period by the Department for Work and Pensions under the terms of an Agency Agreement to ensure the safe and secure transfer to Pension Age Disability Payment.

The draft Disability Assistance for Older People (Scotland) Regulations 2024 set out the eligibility criteria and how Social Security Scotland will deliver Pension Age Disability Payment. This benefit will accept new applications from those over State Pension age.

The regulations also make provision for the case transfer process for people in Scotland who currently receive Attendance Allowance. These provisions are not currently included within the full draft regulations, however they will be added in due course.

This policy is closely aligned with the Healthier, Wealthier and Fairer Strategic Objectives, and contributes to the following National Outcomes:

• We respect, protect and fulfil human rights and live free from discrimination;
• We tackle poverty by sharing opportunities, wealth, and power more equally;
• We live in communities that are inclusive, empowered, resilient and safe.

Directorate, Division, Team

Social Security Directorate, Social Security Policy Division, Disability Benefits Policy Unit