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

The draft regulations also include amendments to the suspension provisions for Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment, Scottish Adult Disability Living Allowance and Scottish Child Payment. The amendments affect the end date for an award where information has been requested under s54 of the Social Security (Scotland) Act 2018 or paragraph 25 of the schedule to the SCP Regulations. If this information is not be supplied and cannot be obtained by Social Security Scotland by other means, a decision will at some point be made to end entitlement. At present a determination to end entitlement in these circumstances takes place on the date it is made, like most determinations in the Scottish social security system. The draft Regulations will change this so that the official end date for the award is the date of suspension.

This will apply to both scheduled reviews and determinations on the basis of a change of circumstances. where an individual has continued to not engage with a section 54 request for information, leading to the suspension of their entitlement (under section 54(1A)) and subsequent ending of entitlement (under section 54(2)).  The change clarifies that no payment is due to the individual for the period of suspension.

Observation 2: We welcome attempts to ensure rules around suspension are clarified.