Draft Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: update from the Scottish Government

Ed Pybus
Scottish Commission on Social Security
c/o Secretariat
Victoria Quay
Edinburgh
EH6 6QQ

By email to: info@socialsecuritycommission.scot

7 February 2025

Dear Ed,

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

As outlined in my letter of 3 January 2025, I am writing to request your scrutiny of a further, separate amendment to be included within the Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025.

I understand that my officials have already been in contact regarding the need for Scottish Ministers to make this further amendment. The amendment makes changes to existing legislation around the date on which entitlement to assistance can be ended, when an individual has not provided information requested under section 54 of the 2018 Act, and has continued to disengage and not provide this information throughout a period of suspension.

These Regulations make equivalent changes across Adult Disability Payment (ADP), Child Disability Payment (CDP), Pension Age Disability Payment (PADP), Scottish Adult Disability Living Allowance (Scottish Adult DLA) and Scottish Child Payment (SCP).

Please find attached an updated instrument that includes the amendments for your consideration. For your convenience, we have highlighted the additional provisions within the instrument for your scrutiny. This work has developed as a result of learning from the live service, where it has been identified that the current Regulations can be improved to safeguard clients that have disengaged, meaning Social Security Scotland cannot be assured of the individual’s ongoing entitlement.

I would like to thank the Commission once again for your ongoing co-operation and constructive feedback to the Scottish Government, and in particular for your agreement to include scrutiny of this additional amendment within this instrument.

Yours sincerely,

SHIRLEY-ANNE SOMERVILLE