The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025
Contents
- Document Cover
- Summary of recommendations and observations
- Summary
- 1. Introduction
- 2. Disability and carer benefits: cross-border moves
- 3. Scottish Adult DLA
- 4. Suspension
- 5. EU withdrawal agreement and related provisions
- 6. Drafting issue
- 7. Approach to scrutiny
- Annex A: The Scottish social security principles
- Annex B: Scrutiny timeline
1. Introduction
1.1 About the Scottish Commission on Social Security
The Scottish Commission on Social Security plays an essential role in the development and delivery of a Scottish Social Security system based on fairness, dignity and respect by providing independent scrutiny of the Scottish social security system. Our full functions are set out in the Social Security (Scotland) Act 2018.1Social Security (Scotland) Act 2018
We are separate from the Scottish Government, and carry out our work independently of both Scottish Ministers and the Scottish Parliament.
For more information about the Scottish Commission on Social Security visit: https://socialsecuritycommission.scot/
1.2 Overview
The Scottish Commission on Social Security (SCoSS) is pleased to present our report on the draft Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025 (referred to in this report as the ‘draft Regulations’).
The draft regulations make a series of revisions across a wide range of Scottish benefits, largely with the aim of amending and clarifying client journeys when they move to Scotland from another part of the UK – but are in receipt of an equivalent UK benefit.
The Act requires us to undertake our scrutiny with regard to the Scottish social security principles2Social Security (Scotland) Act 2018, section 1. and relevant provisions of human rights law. This is quite a technical set of Regulations and not all of the amendments being made will greatly affect the realisation of the principles or people’s enjoyment of their rights. Nonetheless, reference to these is made as appropriate throughout the report.