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
Annexe A: Summary of key provisions in the draft Regulations
A1. Transitioning from CDP to ADP
- Individuals who will turn 18 on or before 31 December 2023 will be able to continue receiving CDP beyond their 18th birthday, until their ADP application is determined or until their 19th birthday.
- Individuals in receipt of CDP who are awarded ADP will receive one further CDP payment, after which their CDP payments will cease and their ADP payments will begin.
- ADP payment dates will therefore align with the individual’s CDP payment dates.
- Where the ADP award is higher than the CDP award, the first ADP payment will include a back payment covering the period between determination of the ADP application and commencement of the award.
- Where the ADP award is lower than the CDP award, the ADP amount will not be backdated and therefore no overpayment will result.
A2. Transitioning from DLA/PIP to ADP
- Individuals who have been selected for transfer to ADP should report any change of circumstances to DWP.
- DWP should not take any action on the basis of this information, but should pass it on to Social Security Scotland.
- Social Security Scotland should take this information into account when making its subsequent review determination.
- Where the ADP review determination results in an award higher than the DLA award, the higher rate is backdated to the date of transfer.
- Where the ADP review determination results in an award lower than the DLA award, or no award, the lower rate (or cessation of payments) is effective from the date of the review determination and therefore no overpayment will result.
A3. Other provisions
- Individuals subject to EU social security Regulations can only be entitled to CDP or ADP if the UK is the competent state for the payment of sickness benefits to that individual.
- If an individual in receipt of CDP or ADP dies, the end date of the award is the date of death.
- An individual in receipt of Carer’s Allowance can continue to receive the benefit despite being absent from Great Britain for more than four weeks, if the reason for their absence is to provide care to someone in receipt of the care component of CDP (middle or higher rate) or the daily living component of ADP (standard or enhanced rate).