Disability Assistance for Children and Young People (Scotland) Regulations 2020: further scrutiny report
Further Scottish Commission on Social Security scrutiny report on the draft Disability Assistance for Children and Young People (Scotland) Regulations 2020 with recommendations for the Scottish Government.
7.1 Age rules
Young people can only be eligible for CDP beyond their 18th birthday if they have applied for Adult Disability Payment and are waiting for a determination. This provision is in regulation 2, in the meaning of ‘young person’. Adult Disability Payment is the Scottish Government’s proposed replacement for personal independence payment (PIP). CDP can then be paid until Adult Disability Payment is determined, to avoid gaps in entitlement. The Scottish Government aims to roll out CDP nationally from autumn 2021, in advance of introducing Adult Disability Payment in summer 2022. On the face of it, that suggests that there could be young people getting CDP who reach their 18th birthday before Adult Disability Payment is available to them. The practice currently is that 16 to 18-year-olds can apply to the DWP for PIP until the Scottish Government launches Adult Disability Payment. However, there is no provision to keep a CDP award running until a PIP claim can be assessed, so there may be gaps in payment for these young people.
Observation 4: We would welcome further information on how the Scottish Government plans to ensure that young people do not experience a gap in payments as they transition from CDP to an adult disability benefit.