The Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023
- Document Cover
- About the Scottish Commission on Social Security
- Summary of recommendations and observations
- Executive summary
- 1. Introduction
- 2. CDP to ADP journey
- 3. DLA/PIP to ADP journey
- 4. Clarifications/rectifications
- 5. Carer’s Allowance entitlement
- 6. Approach to scrutiny
- Annexe A: Summary of key provisions in the draft Regulations
- Annexe B: Stakeholder engagement
- Annexe C: Scrutiny timeline
About the Scottish Commission on Social Security
The Scottish Commission on Social Security (SCoSS) plays an essential role in the development and delivery of a Scottish Social Security system based on fairness, dignity and respect.
We provide independent scrutiny of the Scottish social security system and our full functions are set out in section 22 of the Social Security (Scotland) Act 2018.
We provide detailed analysis of proposed social security regulations which are referred to us by Ministers, making recommendations for improvement where necessary.
Our role is also to scrutinise the Scottish Government’s delivery of the commitments set out in the Social Security Charter.
We are separate from the Scottish Government, and we carry out our work independently of both Scottish Ministers and the Scottish Parliament.
The Scottish social security principles
SCoSS takes the Scottish social security principles, as laid out in the Social Security (Scotland) Act 2018, into consideration when scrutinising proposed social security legislation and regulations. The Scottish social security principles are:
(a) social security is an investment in the people of Scotland,
(b) social security is itself a human right and essential to the realisation of other human rights,
(c) the delivery of social security is a public service,
(d) respect for the dignity of individuals is to be at the heart of the Scottish social security system,
(e) the Scottish social security system is to contribute to reducing poverty in Scotland,
(f) the Scottish social security system is to be designed with the people of Scotland on the basis of evidence,
(g) opportunities are to be sought to continuously improve the Scottish social security system in ways which—
- (i) put the needs of those who require assistance first, and
- (ii) advance equality and non-discrimination, the Scottish social security system is to be efficient and deliver value for money.
(h) the Scottish social security system is to be efficient and deliver value for money.
This report details our views on the provisions in the draft Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023. All of the Scottish social security principles are important to successful delivery of social security in Scotland, and in relation to these draft Regulations SCoSS identified principles (a), (b), (e), (f) and (g) as key in guiding our scrutiny.
Through the scrutiny process, the Commission has not identified any conflict between the Regulations and underlying policy aims, and the social security principles and the Scottish Government’s human rights obligations. In the main we are satisfied that the draft Regulations achieve the policy aims.
Individuals transitioning from Child Disability Payment (CDP) to Adult Disability Payment (ADP) will not have their payment cycles altered or interrupted and risks of overpayments should their ADP award be lower than their CDP award will be mitigated. Risks of overpayments for individuals moving from Disability Living Allowance (DLA) to ADP will similarly be mitigated.
Where ADP awards will be higher than an individual’s previous award, steps have been taken to ensure that individuals will not lose out as a consequence of aligning payment cycles or processing times.
As our report details, there are opportunities for the Scottish Government to improve the clarity of some of the draft Regulations, and it will aid the Scottish Government’s policy aims to continue to work closely with the Department for Work and Pensions (DWP) to ensure transitions from DLA/Personal Independence Payment (PIP) are as smooth as possible.
The Commission looks forward to the Scottish Government’s response and welcomes views on how its scrutiny and reporting can be continuously improved.