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

Summary of recommendations and observations

Observation 1: On this occasion a full set of impact assessments have been provided, which SCoSS welcomes. The recognition by officials of the usefulness of undertaking these as a matter of good practice is also welcomed, as are the Scottish Government’s plans to seek user views on the best approach to publishing data on decision making by condition groups.

Recommendation 1: The Scottish Government should ensure that guidance to decision-makers clearly explains how the dates for the last payment of CDP and the first payment of ADP are established. Communications to individuals moving from CDP to ADP should state the expected dates at the earliest opportunity.

Recommendation 2: Social Security Scotland should advise individuals transferring from CDP to ADP of the potential for additions to UK benefits payable to the individual, their parent or a carer to be affected. The Scottish Government should work closely with the DWP to explore how take-up of increased entitlements in the UK system can be maximised and how the risk of overpayments can be minimised where the move to ADP results in reduced entitlement in the UK system.

Recommendation 3: The Scottish Government should explain what steps it is taking to ensure individuals still in receipt of DLA or PIP receive the correct guidance on where to report a change of circumstances and that the Department for Work and Pensions and Social Security Scotland follow the correct processes when changes of circumstances are reported.

Observation 2: SCoSS welcomes the Scottish Government’s decision to reconsider draft Regulation 5(3), which would have extended the maximum time an applicant might potentially be required to wait for a review determination to be completed.

Observation 3: SCoSS welcomes the additional clarity draft Regulations 5(2), 5(5) and 5(6) together provide.

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