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

Recommendation 1: To reduce the additional administrative burden being placed on disabled people and carers as a result of the change in approach to data sharing, the Scottish Government should continue to work with the Department for Work and Pensions to reach an agreement to share the required data when they become aware that someone in receipt of disability benefits has moved to Scotland.

Recommendation 2: To ensure fairness in the system and reporting, Scottish Government should amend the draft regulations to include a good reason clause for a delay in telling Social Security Scotland that an individual in receipt of a UK disability benefit has moved to Scotland.

Recommendation 3: Social Security Scotland should monitor how helpful cross-border movers find the information they receive from the Department for Work and Pensions and the Department for Communities, and pass on feedback if it identifies areas where this can be improved.

Recommendation 4: To ensure clear and accurate information is given to cross-border movers affected by various backdating rules, Social Security Scotland should provide more training and guidance for staff on provisions that are less commonly encountered.

Recommendation 5: To avoid administrative error and additional burden on clients, Social Security Scotland’s processes should be amended in order to ensure a client’s information is not deleted within the timescale for a cross-border move.

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.

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.

Observation 1: We welcome the Scottish Government’s ongoing efforts to access evidence of terminal illness diagnoses held by the Department for Work and Pensions.

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