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

This report is on the draft Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025.

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.

Various provisions remove existing regulations allowing a determination without application when individuals in receipt of various benefits move to Scotland from elsewhere in the UK. To reduce administrative burdens arising from this change, we have recommended that the Scottish Government should continue to work with the Department for Work and Pensions to reach an agreement that allows the sharing of limited data when they become aware that someone in receipt of disability benefits has moved to Scotland.

The draft regulations will allow Social Security Scotland to accept late applications where they are satisfied there is a “good reason” why the application was late. We are concerned, however, that if ‘required data’ reaches Social Security Scotland after the specified 26 week period, even just by one day, they cannot get their award backdated, even with a good reason for delay. We have recommended that a good reason clause be included for a delay in telling Social Security Scotland that an individual in receipt of a UK disability benefit has moved to Scotland.

The change outlined in these draft regulations will create a new set of rules and procedures for both clients and Social Security Scotland staff which may be rarely used. To avoid doubt about the policy intention and any unintended consequence of misunderstandings arising from these rare circumstances, we have also recommended careful ongoing consideration of the impact of the change for clients and that specific training and guidance be developed for staff on less commonly encountered provisions.

The Scottish Government should also ensure flexibility for clients who have completed one part of the cross-border application processes for Adult Disability Payment or Pension Age Disability Payment to ensure they are allowed enough time before their data is deleted from Social Security Scotland’s systems for a cross-border move.

While a closed benefit, Scottish Adult Disability Living Allowance is also affected by Social Security Scotland’s inability to continue to access information on cross-border movers from the Department for Work and Pensions. We have recommended that full details of the client journey for people transferring to Scottish Adult DLA be published in order to provide greater clarity about the process for transferring Adult DLA claimants to Scottish Adult DLA after they move to Scotland.

Elsewhere in the report we have welcomed Scottish Government’s attempts to clarify suspension rules and ongoing attempts to access information about people with terminal illness from the Department for Work and Pensions.

We are grateful to officials for their detailed and prompt responses to our questions. which helped us better understand the policy behind the draft regulations.