The Disability Assistance for Older People (Scotland) Regulations 2024: scrutiny report

The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance for Older People (Scotland) Regulations 2024

10. Approach to scrutiny

This report has been completed in accordance with the Commission’s pre-legislative scrutiny function, set out in sections 22 and 97 of the Social Security (Scotland) Act 2018 (henceforth referred to as ‘the Act). Section 97 states that the Commission must report on draft Regulations proposed to be made under any section in Chapter 2 of Part 2 or Section 79 of the Act. The draft Regulations are made under powers conferred by sections within this part and chapter.

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 2018,1Social Security (Scotland) Act 2018 ( as operationalised via Our Charter.2Social Security Scotland – Our Charter

The Cabinet Secretary for Social Justice referred the draft regulations to SCoSS, along with the Policy Note, on 7 August 2023.3Referral – Disability Assistance for Older People (Scotland) Regulations 2024 – ( We were given a deadline for reporting of 30 October 2023.

Drafts of the Equality Impact Assessment, the Child Rights and Wellbeing Impact Assessment, the Fairer Scotland Duty Assessment, the Island Communities Impact Assessment and the Business and Regulatory Impact Assessment were received from the Scottish Government on 7 August 2023. As these were also published online by the Scottish Government, the SCoSS Board took the opportunity to use them as a case study for discussion of the Equality Impact Assessment with the Equality and Human Rights Commission in Scotland (EHRC Scotland). The SCoSS would like to thank EHRC Scotland for their advice.

To understand, and represent, the views of stakeholders in relation to the draft regulations, SCoSS also held two events with Age Scotland during the scrutiny period. SCoSS would like to express its thanks to Age Scotland for their work in supporting us.

We would also like to thank all the organisations and individuals who responded to our call for evidence and stakeholders who joined our roundtable discussions on caselaw. The insights gained were invaluable and have informed this report.

We are also grateful for the efforts made by officials to keep us appraised of developments throughout the scrutiny process and for their timely response to written questions.

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