The Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023
Contents
- Document Cover
- About the Scottish Commission on Social Security
- Summary of recommendations and observations
- Executive summary
- 1. Introduction
- 2. CDP to ADP journey
- 3. DLA/PIP to ADP journey
- 4. Clarifications/rectifications
- 5. Carer’s Allowance entitlement
- 6. Approach to scrutiny
- Annexe A: Summary of key provisions in the draft Regulations
- Annexe B: Stakeholder engagement
- Annexe C: Scrutiny timeline
6. Approach to scrutiny
In keeping with our role to scrutinise social security regulations, this report provides commentary in connection with human rights and the social security principles set out in Section 1 of the Social Security (Scotland) Act 2018,1https://www.legislation.gov.uk/asp/2018/9/section/1/enacted as operationalised via Our Charter.2https://www.socialsecurity.gov.scot/about/our-charter
The Minister for Social Security and Local Government referred the draft Regulations to SCoSS,3https://socialsecuritycommission.scot/current-work/disability-assistance-miscellaneous-amendments-scotland-regulations-2023/referral-the-disability-assistance-miscellaneous-amendments-scotland-regulations-2023/ along with the Policy Note,4https://socialsecuritycommission.scot/wp-content/uploads/2023/02/CDP-ADP-Misc-Amendments-Draft-Policy-Note-Feb-2023.pdf on 24 February 2023. We were given a deadline for reporting of 19 May 2023.
Scottish Government officials helpfully provided a briefing on issues related to the draft Regulations at our Board meeting of 30 March 2023. This report reflects information they provided. We are grateful for the efforts made by officials to keep us appraised of developments.
SCoSS wrote to a number of stakeholder organisations requesting written submissions in response to the draft Regulations. We are grateful for the timely, important and informative responses we received, which have informed this report in a number of respects. The responses also included information and views relating to the wider context of how disability assistance is operating; we are grateful for these and will take them into account in future work relating to the issues raised.