Explanatory note

These Regulations make consequential and transitional provision in connection with the introduction of a new form of disability assistance, known as adult disability payment, under section 31 of the Social Security (Scotland) Act 2018 (“the 2018 Act”). The adult disability payment is provided for by the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the Adult Disability Payment Regulations”), along with an associated form of short-term assistance under section 36 of the 2018 Act that is payable in certain circumstances when an individual’s award of adult disability payment is under review within the meaning of schedule 10 of that Act.

Regulations 2 to 19 make consequential amendments to secondary legislation in connection with the introduction of adult disability payment. The amendments ensure that individuals who are entitled to adult disability payment have the same entitlements and disregards under that legislation as individuals who are entitled to personal independence payment (“PIP”) payable under the Welfare Reform Act 2012. In addition, regulation 8(2) makes a consequential amendment and regulation 19(4) makes miscellaneous amendments, in relation to child disability payment given in accordance with the Disability for Children and Young People (Scotland) Regulations) 2021.

Adult disability payment will replace PIP in Scotland for new applicants, and as such these Regulations also make provision in connection with the transition from the pre-existing statutory framework for disability benefits in Scotland to that provided for under the 2018 Act and the Adult Disability Payment Regulations. Regulation 20 provides, subject to some exceptions, that no person aged 16 or older who is able to apply for adult disability payment due to being resident in Scotland, or otherwise meeting the residence and presence conditions in the Adult Disability Payment Regulations, may now apply for PIP.

A business and regulatory impact assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Social Security Directorate, Victoria Quay, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.