The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make miscellaneous amendments to the Social Security (Invalid Care Allowance) Regulations 1976, the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the Disability Assistance for Working Age People (Scotland) Regulations 2022 and the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022.

Regulation 2 amends the Social Security (Invalid Care Allowance) Regulations 1976 to include reference to child disability payment and adult disability payment.

Regulation 3 amends the Disability Assistance for Children and Young People (Scotland) Regulations 2021 to make provision in relation to the payment of child disability payment to individuals who have reached the age of 18 (paragraphs (2) and (3)). Paragraph (4) makes clear that payment of the care component to individuals to whom a relevant EU Regulation applies is where the United Kingdom is the competent state for the payment of sickness benefits in cash. Paragraph (6) corrects a typographical error. Paragraph (7) amends paragraph 8 of Part 3 of the schedule to provide for when the Scottish Ministers have the power to stop the transfer to Child Disability Payment in respect of an individual who was ordinarily resident in Scotland at the time the notice of intention to transfer was issued, and subsequently moves elsewhere in the UK before the transfer determination takes place. Paragraph (8) amends paragraph 14 of Part 3 of the schedule to provide that the duty in sub-paragraph (2) does not apply where an appointment has already been made by virtue of section 85A or 85B of the 2018 Act.

Regulation 4 amends the Disability Assistance for Working Age People (Scotland) Regulations 2022. Paragraph (2) makes clear that payment of the daily living component to individuals to whom a relevant EU Regulation applies is where the United Kingdom is the competent state for the payment of sickness benefits in cash. Paragraph (4) amends regulation 58 to provide for the alignment of payment cycles for individuals who had been entitled to Child Disability Payment and are now entitled to Adult Disability Payment. Paragraph (5) amends paragraph 8 of Part 3 of schedule 2 to provide for when the Scottish Ministers have the power to stop the transfer to Adult Disability Payment in respect of an individual who was ordinarily resident in Scotland at the time the notice of intention to transfer was issued, and subsequently moves elsewhere in the UK before the transfer determination takes place. Paragraph (6) amends paragraph 12 of Part 3 of schedule 2 to provide for when the Scottish Ministers must make a determination of an individual’s entitlement to Adult Disability Payment without receiving an application. Paragraph (7) amends paragraph 15 of Part 3 of schedule 2 to provide that the duty in sub-paragraph (2) does not apply where an appointment has already been made by virtue of section 85B of the 2018 Act.

Regulation 5 amends the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 to clarify how the modifications of the Disability Assistance for Working Age People (Scotland) Regulations 2022 apply to individuals who have transferred from working age Disability Living Allowance to Adult Disability Payment.

A Business and Regulatory Impact Assessment has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies are available on line at www.legislation.gov.uk.