Referral of draft regulations from the Cabinet Secretary for Social Justice

Ms. Judith Paterson and Dr Mark Simpson
Acting Co-Chairs
Scottish Commission on Social Security

info@socialsecuritycommission.scot

7 August 2023

Dear Judith and Mark,

I enclose the draft Disability Assistance for Older People (Scotland) Regulations 2024 for Pension Age Disability Payment (PADP), made under sections, 31(2), 36(2), 41(4)(a), 43(5), 51(1), 52 and 95 of the Social Security (Scotland) Act 2018. I am pleased to provide the Scottish Commission on Social Security (SCoSS) with the formal request for scrutiny of these draft regulations. I would ask that SCoSS provide their scrutiny report on these regulations by 30 October 2023 allowing the normal 12 weeks scrutiny timeframe.

These draft regulations set out the detail of how this devolved form of disability assistance will function when it commences in Autumn 2024. A further draft of these regulations will be laid in Parliament in Spring 2024. This is the final of our three new forms of disability assistance to be delivered and you will see much that aligns with the principles and policy intent of Child and Adult Disability Payments.

Along with the draft regulations, to assist SCoSS with their scrutiny I am also providing a draft policy note, an additional explanatory note, and drafts of the following impact assessments: an Equalities Impact Assessment; the Business and Regulatory Impact Assessment; the Islands Impact Assessment; and the Fairer Scotland Duty Assessment.

I want to extend my thanks to the Commission for considering these regulations. SCoSS’ role in scrutinising these proposals will be key in ensuring that we achieve our aim of delivering a social security system in Scotland that meets our values of treating people with dignity, fairness and respect.

It may be helpful to note that these draft regulations will be published on 7 August, and I have sent a copy to the Social Justice and Social Security Committee with the associated papers and documents.

I am proud to mark another major milestone in the process of delivering devolved social security and in building a system that better meets the needs of disabled people in Scotland.

Your sincerely,

SHIRLEY-ANNE SOMERVILLE