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
6. Drafting issue
Draft Regulations 9(9) and 9(10) restrict people’s access to the mobility component of Adult Disability Payment when they are over pension age at the time of their move to Scotland. People in this position can receive the Adult Disability Payment mobility component at the same rate as they previously received the Personal Independence Payment mobility component (if this applies), but no higher. The draft Regulation incorrectly refers to the ‘lower rate’ and ‘higher rate’ of the mobility component, when this should read ‘standard rate’ and ‘enhanced rate’.
Recommendation 7: The Scottish Government should amend draft Regulation 9(9) and 9(10) to ensure the correct terminology is used to describe the rates of the Adult Disability Payment mobility component.