Disability Assistance for Working Age People (Scotland) Regulations: equalities impact assessment (EQIA)

Title of Policy

Disability Assistance for Working Age People (Scotland) Regulations

Summary of aims and desired outcomes of Policy

The Social Security (Scotland) Act 2018 (the 2018 Act) sets out the broad framework for the delivery of devolved social security in Scotland. On 1 April 2020, the Scottish Ministers took executive and legal competence for disability benefits, including Disability Living Allowance for Children, Attendance Allowance and Personal Independence Payment.

These benefits will continue to be delivered during a transition period by the Department for Work and Pensions under the terms of an Agency Agreement with the Scottish Government to ensure the safe and secure devolution of disability benefits.

The Scottish Government intends to replace Disability Living Allowance for Children, Personal Independence Payment and Attendance Allowance with new forms of assistance under the 2018 Act. These new benefits will be delivered by Social Security Scotland on behalf of Scottish Ministers.

The Disability Assistance for Working Age People (Scotland) Regulations set out how we will deliver Adult Disability Payment. This was formerly known as Disability Assistance for Working Age People. It will replace Personal Independence Payment for people living in Scotland, accepting new applications from individuals between the ages of 16 and state pension age.

The regulations set out the detailed rules surrounding entitlement to Adult Disability Payment. They also make provisions for the Personal Independence Payment to Adult Disability Payment case transfer process.

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; and
• We grow up loved, safe and respected so that we realise our full potential.

Directorate: Division: team

Social Security Directorate

Social Security Policy Division

Disability Benefits Policy Unit