The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: scrutiny report

Scottish Adult Disability Living Allowance (Scottish Adult DLA) is also affected by Social Security Scotland’s inability to continue to access information on cross-border movers from the DWP. However, Scottish Adult DLA is a ‘closed’ benefit for which no new application are accepted. Instead, individuals will have to request that Scottish Ministers make a determination of their entitlement to Scottish Adult DLA. This request must be “made to Scottish Ministers in such form, and accompanied by such evidence, as the Scottish Ministers require.”¹New Scottish Adult DLA reg 47(2), inserted by draft reg 12(5) Scottish Ministers must then make a determination of an individual’s entitlement to Scottish Adult DLA.

This provision is rather ambiguous as to what the actual process for cross-border movers in receipt of Scottish Adult Disability Living Allowance will look like. In part this is because negotiations have been ongoing about what information the Department for Work and Pensions might be able to provide to Social Security Scotland in order to minimise the administrative burden on affected individuals. The Scottish Government has told us that the Department for Work and Pensions is unlikely to agree to supply the information Social Security Scotland needs and that it anticipates using a process similar to that set out by the Scottish Adult DLA Regulations for individuals whose Disability Living Allowance or Scottish Adult DLA award ended in the last 12 months and who want to request a new award.²Scottish Government response to a question from SCoSS received 26 February 2025.

These provisions appear to offer a plausible means for transferring Adult DLA claimants to Scottish Adult DLA should they move to Scotland without further change to the draft Regulations – albeit one that will carry an increased administrative burden, in common with the changes to the other disability and carer benefits. However, greater clarity about what the client journey would look like for the (presumably small) number of DLA claimants who might move to Scotland in the future would be welcome.

Recommendation 6: To provide greater clarity about the process for transferring Adult DLA claimants to Scottish Adult DLA after they move to Scotland, the Scottish Government should publish full details of the likely client journey as soon as possible. This should include what evidence is likely to be required in support of a transfer request.