Date Legislation considered: 26 July 2024
Date Legislation in force: 21 October 2024 (but Regulation 53 and Part 5 of the schedule come into force on the 7 June 2024)
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Social Security
What does the legislation do?
The principal aim of the Disability Assistance for Older People (Scotland) Regulations 2024 is to introduce Pension Age Disability Payment, which will replace Attendance Allowance for disabled people in Scotland who are over State Pension age. The regulations also include technical amendments on Short-term Assistance for Child Disability Payment and Adult Disability Payment. These amendments regularise existing processes, to align with current practice used across live disability benefits to calculate the value of Short-term Assistance.
The amendments are wide-ranging and some are discussed in the Policy Note.
The provisions under Regulation 9 permit those who have Settled Status, Pre-Settled Status or are awaiting an outcome to their application to apply for Pension Age Disability Payment because they are not considered as a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999.
The residence and presence requirements are waived for those who are protected under Title III of Part 2 of the Withdrawal Agreements and are not residing in the UK.
The aggregate minimum residence requirement of 26 weeks is also waived for those protected under Title III of Part 2 of the Withdrawal Agreements but are residing in the UK.
Comments
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.