Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 with recommendations for the Scottish Government.
- Document Cover
- Summary of recommendations and observations
- Context and purpose of the draft regulations
- Approach to scrutiny
- Legislating for DLA-ADP migration
- The two-stage transfer
- Winners, losers and options for transitional protection
- Minor and technical issues
- Annex 1: Routes into Adult Disability Payment
- Annex 2: The draft regulations
- Annex 3: Scrutiny timeline
ADP Transitional Provisions scrutiny report
2. Context and purpose of the draft regulations
ADP is being introduced from March 2022. It will provide support with additional disability-related costs for individuals in Scotland aged 16 to state pensionable age (although 16-year-olds who already receive Child Disability Payment (CDP) will be entitled to remain on it until they turn 18, if they prefer, while those over pension age can stay on ADP and renew an existing claim). As such, it occupies the same niche in the Scottish social security system as PIP does in the UK system. Prior to the introduction of PIP in 2013, working age adults entitled to a disability benefit received DLA. (Around 1.5 million adult DLA claimants in Great Britain have migrated to PIP since April 2013) , but this process has not yet been completed. In April 2020, the Department for Work and Pensions (at the request of the Scottish Government) halted the migration process for Scotland-resident claimants. The DWP ceased active review of adult DLA cases, but any claimant resident in Scotland reporting a change of condition, or with an award review, or end of award was invited to apply for PIP under the PIP (Transitional Provisions) Regulations 2013. Other individuals could request to transfer to PIP if they wished. There is a clear incentive for some individuals over pensionable age to do so. Someone in receipt of just the care component of DLA cannot be awarded the mobility component after reaching pensionable age even if their mobility deteriorates, but can be awarded the mobility component when they apply for PIP (which will also be the case for those transferring to ADP).