The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024
Contents
- Document Cover
- Summary of recommendations and observations
- Executive summary
- 1. Introduction
- 2. Choice to remain consistent with Disability Living Allowance
- 3. Policy changes from Disability Living Allowance
- 4. Change of circumstances during case transfer
- 5. Communications
- 6. Equality issues
- 7. Technical issues
- 8. Approach to scrutiny
- Annexe A: About the Scottish Commission on Social Security
- Annexe B: Scrutiny timeline
8. Approach to scrutiny
This report has been completed in accordance with the Commission’s pre-legislative scrutiny function, set out in sections 22 and 97 of the Social Security (Scotland) Act 20181Social Security (Scotland) Act 2018 (legislation.gov.uk) (henceforth referred to as ‘the Act). Section 97 states that the Commission must report on draft Regulations proposed to be made under any section in Chapter 2 of Part 2 or Section 79 of the Act.2Other than in relation to regulations made only for the purpose of the consolidation of earlier regulations (section 97(11)). The draft Regulations are made under powers conferred by sections within this part and chapter.
In keeping with our role to scrutinise social security regulations, this report provides commentary in connection with human rights and the social security principles set out in Section 1 of the Social Security (Scotland) Act 2018,3Social Security (Scotland) Act 2018 (www.legislation.gov.uk) as operationalised via Our Charter.4Social Security Scotland – Our Charter
The Cabinet Secretary for Social Justice referred the draft regulations to SCoSS5Scottish Commission on Social Security – Referral of draft regulations from the Cabinet Secretary for Social Justice along with a Policy Note6Scottish Commission on Social Security – Referral of draft regulations from the Cabinet Secretary for Social Justice – Policy Note on 11 March 2024. We were given a deadline for reporting of 10 June 2024 and we agreed an extension to 14 June 2024 with officials during the scrutiny process.
Drafts of the Equality Impact Assessment, the Island Communities Impact Assessment, the Fairer Scotland Duty Assessment and the Business and Regulatory Impact Assessment were received from the Scottish Government on 28 March 2024.
To understand, and represent, the views of stakeholders in relation to the draft regulations, SCoSS also undertook a written stakeholder exercise during the scrutiny period. SCoSS would like to express its thanks to the organisations who responded.
We asked a significant number of written questions to officials during the scrutiny period and we are grateful for the efforts made by officials to respond quickly to these and to keep us appraised of developments throughout.