Date Legislation considered: 12 January 2024
Date Legislation in force: 20 November 2023
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Social security co-ordination/Residence/Discrimination/Equal Treatment
What does the legislation do?
The Policy Note accompanying the Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (“the Regulations”) states that the “The main objective of these regulations is to make further improvements to the journey for young people moving from CDP to ADP. This includes enabling the payment cycles of clients moving from CDP to ADP to be maintained.”
The Regulations make a number of amendments to existing regulations for Child Disability Payment, Adult Disability Payment, and the Adult Disability Payment transitional provisions.
This report only considers those amendments that are relevant to the Citizen’s Rights Agreements (“the Agreements”).
Amendments are made to the Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Disability Assistance for Working Age People (Scotland) Regulations 2022. The changes make it explicit that payment of the care component of Child Disability Payment and the daily living component of Adult Disability Payment, to individuals within scope of the social security coordination provisions of the Agreements, is restricted to individuals for whom the UK is the competent (responsible) state for payment of the component.
The social security coordination provisions in the Agreements enable certain EU and EEA EFTA citizens to continue to receive payment of some benefits, or components of benefits, notwithstanding that they are no longer resident in the UK. This is known as ‘exportability’.
In situations where the coordination provisions are engaged, only one country’s legislation will apply to an individual at any one time. Detailed provisions which are contained within Title III of the Agreements concern identification of the responsible state. There is also provision for resolving disputes over which state is responsible and for provisional payment to be made.
Comments
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights are 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.