The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 and others
The Disability Assistance for Working Age People (Scotland) Regulations 2022;
The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022; and
The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (“the Regulations”)
Summary of information
Part of the IMA’s remit is to monitor legislation and guidance issued by public authorities. This enables potential problems to be spotted before issues arise.
The Regulations concern Adult Disability Payment and Child Disability Payment in Scotland. During the IMA’s review of the Regulations which can be found here, it was apparent that the guidance for decision makers which supports those payments did not make it clear that applicants to the EU Settlement Scheme after 30 June 2021, including joining family members of EU and EEA EFTA citizens are eligible for Adult Disability Payment (ADP). This raised a question as to whether the guidance was compatible with Part 2 of the Citizens Rights’ Agreements, in particular Articles 18(1)(b) and 18(2) and (3) of the Withdrawal Agreement and Articles 17(1)(b) and 17(2) and (3) of the EEA EFTA Separation Agreement.
Summary of Actions and Evidence
In order to be compatible with the Agreements, the IMA considered the Guidance needed to be updated so that all persons with protected rights under the Citizens’ Rights Agreements are eligible for ADP and CDP.
The IMA has been in contact with the Scottish Government and worked with them to agree how to resolve the issues identified.
The subsequent actions which were to be completed by the Scottish Government are set out below:
- The Guidance (Social Security Scotland – Decision Making Guide) (which can be found at Social Security Scotland, and relates to both Adult and Child Disability Payments), to be updated to so that it is clear that the residence and presence sections are clear that late applicants and joining family members with protected rights under the Citizens’ Rights Agreements are eligible for ADP and CDP.
- That updated Guidance to be published formally on the Social Security Scotland website as soon as possible, but by no later than the end of June 2023.
Summary of Decision
On the basis of the proposed actions that the Scottish Government agreed to, the IMA believed that the potential concerns identified would be resolved and the issue concluded as an Early Case Resolution.
On 18th January 2023, the Scottish Government confirmed the Guidance for both Adult and Child Disability Payments had been updated to reflect the above, and that the Guidance had been published. On this basis, the Early Case Resolution has been closed.
