Referral of the draft Disability Assistance for Children and Young People (Scotland) Regulations 2021 to SCoSS for scrutiny

Dear Dr Witcher,

I enclose the draft Disability Assistance for Children and Young People (Scotland) Amendment Regulations for Child Disability Payment, made under sections 31(2), 36(2), 43(5), 51(1), 52, and 95 of the Social Security (Scotland) Act 2018. I am pleased to provide Scottish Commission on Social Security with a formal request for scrutiny of these draft amendment Regulations.

These amendments to the Disability Assistance for Children and Young People (Scotland) Regulations 2021 are largely technical amendments to the rules and eligibility criteria. The changes we are making will ensure that the Child Disability Payment (CDP) entitlement is aligned with our policy intention, which is to help improve outcomes for disabled children and young people, by providing financial assistance to help meet the additional costs associated with care and mobility needs as a result of having a disability.

Along with the Regulations, I also provide a policy note and accompanying draft impact assessments. These assessments have been provided for information only and we plan to undertake further work to finalise these before the Regulations are formally laid before Parliament.

Case Transfer Provisions

Some of the case transfer provisions have also been included. These provisions have been made under section 95 of the Social Security (Scotland) Act 2018. As such, they are not subject to formal scrutiny by SCoSS. However, a copy of the draft Regulations have been provided for information so you can consider those parts of the Regulations you are required to scrutinise in the context of the full set of Regulations.

The amendments in relation to case transfer include some technical fixes and they need to be addressed ahead of the first determination of CDP due to case transfer being made after 1 November 2021.

It may be helpful to note that these draft amendment Regulations will be published in the week commencing 28 June and I have sent a copy to the Social Security Committee with the associated papers and documents.

As you know, the introduction of CDP is central to building a system that better meets the needs of disabled people in Scotland. I recognise SCoSS’ vital role in scrutinising our proposals thus far and I thank you for your continued co-operation and support. It continues to be key in ensuring that we achieve our aim of delivering a social security system in Scotland that meets our values of treating people with dignity, fairness and respect.

Kind regards

BEN MACPHERSON