Disability Assistance for Working Age People (Scotland) Regulations: letter to the Scottish Commission on Social Security (SCoSS)

Further modifications to the draft regulations

Notes

Structural and stylistic

There have been a number of structural and stylistic drafting changes which have not altered the policy to be implemented or the rules of entitlement within the regulations.

Definition of when a descriptor is satisfied on a day – regulation 10(2)

At regulation 10(2), we have removed what was formerly paragraph (a), that a descriptor was satisfied on a day if it was likely that, if the individual had been subject to a determination on that day, they would have satisfied that descriptor. We have removed this as it is incorrect to say that a descriptor may only be satisfied on a day if it would be deemed to be satisfied on that day within a determination. The determination will take account of the proportion of days that a descriptor is satisfied- and so on some days, they will not be satisfied. The purpose of the provision here is instead just to indicate that a descriptor can be satisfied on a day when it has been satisfied for any part of the day which is not minimal or fleeting. The determination will separately then look at all of the days in the required period to determine scoring.

Refugees – habitual residence condition disapplied – regulation 21

Under regulation 21 we have now dis-applied the requirement at regulation 15(1)(b) that the person be habitually resident in the common travel area. This means that refugees falling within regulation 21 will not have to satisfy that criteria. This aligns with the approach taken in practice by DWP for clients in receipt of PIP.

Suspensions provisions – regulations 38 to 43

As well as changes to align with the SCoSS recommendations on the Suspension of Assistance (Disability Assistance for Children and Young People) (Scottish Child Payment) (Scotland) Regulations 2021, modifications have been made to these regulations in line with the modifications highlighted in the response to the SCoSS recommendations on the Suspension of Assistance Regulations.

The Adult Disability Payment regulations do not propose to confer on individuals a right to request that their payments of Adult Disability payment are suspended. Ministers have decided not to provide for this right at this stage because we are not convinced that doing so is the most effective means of achieving the policy aim behind suspension under this circumstance. This policy aim was to provide victims of domestic abuse with a means of preventing an abuser from accessing the assistance that they are entitled to.

Short-term assistance – Schedule 2 paragraph 1(3) and (4)

It has been clarified at paragraphs 1(3) and (4) of the Short-term assistance (STA) provisions that there should only be a determination without application of someone's STA where the individual had previously applied for or received STA in relation to that same award under review.

Case Transfer Provisions – schedule 2 paragraph 12(3)

Provision has been added at paragraph 12(3) to clarify that a change of circumstance reported whilst the client was on PIP still will be taken into account for their Adult Disability Payment in the review determination.

Qualifications and experience necessary to carry our assessments

Detail has been added to specify the conditions which must be met for an individual to be a suitably qualified person to carry out assessments.