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

4. Clarifications/rectifications

Draft Regulation 3(4) inserts a new Regulation 9A into the CDP Regulations. This clarifies that an individual subject to EU social security Regulations can only be entitled to CDP if the UK is the competent state for the payment of sickness benefits to that individual. Draft Regulation 4(2) inserts an equivalent provision – Regulation 20A – into the ADP Regulations. These are in addition to the rules about the payment of CDP to EEA nationals resident in the UK, or to UK nationals resident in the EEA, that already appear in the CDP Regulations (Regulations 8 and 9) and ADP Regulations (Regulations 19 and 20). The new provisions appear to be uncontroversial.

Draft Regulation 3(5) amends Regulation 29 CDP Regulations to clarify that, when an individual in receipt of CDP dies, the end date of the CDP award is the date of death. Draft Regulation 4(3) makes an equivalent change to Regulation 48(b) ADP Regulations, to clarify that an ADP award also ends on the date of death. These amendments appear to be uncontroversial.

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