The Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Scottish Child Payment Regulations 2020 (Miscellaneous Amendments) Regulations 2022: SCoSS scrutiny report

1. Introduction

The Scottish Commission on Social Security (SCoSS) is pleased to present its report on provisions to be included in the draft Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Scottish Child Payment Regulations 2020 (Miscellaneous Amendments) Regulations 2022 – ‘the draft Miscellaneous Amendments Regulations’.

This report has been completed in accordance with SCoSS’s pre-legislative scrutiny function, conferred by sections 22(1)(a) and 97 of the Social Security (Scotland) Act 2018.

The provisions which are the subject of this report were referred to SCoSS on 14 October 2021. The provisions:

• provide an exemption from the habitual residence test for refugees applying for Child Disability Payment (Regulation 2(3) draft Miscellaneous Amendments Regulations)
• add a new situation to the rule that governs when the time limit starts for Social Security Scotland to make a re-determination of Scottish Child Payment (Regulation 3(4) draft Miscellaneous Amendments Regulations);
• remove the advance claim provision where there is no entitlement to Child Disability Payment at the time of claim because of receipt of another disability benefit (Regulation 2(4) draft Miscellaneous Amendments Regulations).

An extract from the draft Regulations setting out these provisions is in Annex A at the end of this report.