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

Footnotes

1 or in the ‘Common Travel Area’ which includes Ireland, the Isle of Man and the Channel Islands

2 or the Common Travel Area

3 ‘Habitual residence’ is not defined in Regulations. Case law sets out relevant factors.

4 The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021

5 Scrutiny report on laid Regulations: The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021.

6 Principles 1(b) and (g)

7 There is exemption from the past presence test for Carer’s Allowance if the carer themself has refugee status.

8 The Scottish Government cannot remedy this in Carer’s Allowance. They have agreed with the DWP not to make any changes while the DWP is delivering Carer’s Allowance on behalf of the Scottish Government (Carer's Allowance in Scotland: Agency Agreement).

9 E.g. Processes that work, commitment 1: make communications, processes and systems as simple and clear as possible by testing them with the people who will use them.

10 These separate regulations will not be subject to scrutiny by SCoSS. They are made under section 43(5) of the Social Security (Scotland) Act 2018. Regulations made under that section are subject to the negative procedure of Parliamentary scrutiny, under section 96(3).

11 The pilot areas are Dundee City, Perth and Kinross and the Western Isles.

12 Social security case transfer: policy position paper - gov.scot (www.gov.scot)

13 Adult Disability Payment: consultation response (incorporating the report on ‘A Consultation on Improving Disability Assistance in Scotland’, 2019).

([14]) S.S.I. 2020/351, amended by S.S.I. 2021/16.