Explanatory note
(This note is not part of the Regulations)
Section 71 of the Scotland Act 2016 (c. 11) (“the Act”) allows the Secretary of State, by regulations, to make such consequential provision in connection with any provision of Parts 1 and 3 to 6 of the Act as the Secretary of State considers appropriate. These Regulations make further provision consequential upon the introduction of Child Disability Payment (“CDP”) pursuant to Part 3 of the Act (welfare benefits and employment support). CDP is the equivalent in Scotland to Disability Living Allowance in respect of children (“DLAC”). DLAC remains payable in the rest of the United Kingdom.
Regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) (“the DLA Regulations”) is amended so that a relevant person is eligible for DLAC only if they are present (or treated as present) in England and Wales.
New regulation 2ZA of the DLA Regulations allows a relevant person who moves permanently to Scotland to continue to be entitled to DLAC for a period of up to 13 weeks and 6 days following their move (the “run-on period”).
A “relevant person” is a person who is entitled to DLAC (whether or not it is payable to them) and—
is under the age of 16,
is aged 16 or over and is, or was, terminally ill or being maintained free of charge while undergoing medical treatment in a hospital or similar institution, or
is aged 16 or over and has received a notification under regulation 3(1) of the Personal Independence Payment (Transitional Provisions) Regulations 2013 (S.I. 2013/387), or made a claim for personal independence payment voluntarily, but has not received a decision on their entitlement to personal independence payment.
New regulation 2ZB of the DLA Regulations requires the Secretary of State to make a decision on any claim for DLAC which is made by a person who is under the age of 16 and which is ongoing on the date on which that person becomes permanently resident in Scotland. If the person is determined to be entitled to DLAC, they may remain entitled to it up to the end of the run-on period.
After the run-on period, a relevant person or new claimant may qualify for CDP or other equivalent benefits.
Regulation 3 amends the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 32) to make provision corresponding to that made in regulations 2ZA and 2ZB of the DLA Regulations.
No impact assessment has been prepared for this instrument as no impact, or no significant impact, on the private, voluntary or public sectors is foreseen.