Referral of further draft regulations from the Cabinet Secretary for Social Justice

Ms. Judith Paterson, Interim Co-Chair
Dr Mark Simpson, Interim Co-Chair
Scottish Commission on Social Security
(SCoSS)
Area 1C South
Victoria Quay
EDINBURGH
EH6 6QQ

08 March 2024

I am writing to inform SCoSS of the need to implement technical amendments to Short-Term Assistance (STA) provisions within the Disability Assistance for Older People (Scotland) Regulations 2024, as well as amendments to make equivalent changes across Adult Disability Payment (ADP) and Child Disability Payment (CDP).

I understand that officials have already been in contact regarding the need for Scottish Ministers to make these technical amendments, which regularise existing processes for how STA value is calculated across live disability benefits. I would like to express my appreciation for the Commission’s willingness to consider these amendments within an expedited timeframe, particularly given the Commission’s ongoing commitments.

Please find attached the technical amendments for PADP, ADP and CDP, which relate to how STA value is calculated, for your consideration. These amendments have been developed as a result of learning from the live service, where it has been identified that the current Regulations may appear misleading in relation to STA value. Consequently, I intend to swiftly amend relevant disability benefit Regulations to clarify existing processes for STA. These amendments will not lead to any changes to client journeys or to STA value, but will offer increased precision and clarity.

I would like to thank Members once again for their ongoing co-operation and for their constructive feedback to Scottish Government.

Yours sincerely

SHIRLEY ANNE-SOMERVILLE