Explanatory note

This Order makes amendments in consequence of regulations made under section 31 (disability assistance) of the Social Security (Scotland) Act 2018 (asp 9).

This instrument primarily makes amendments to social security legislation in England and Wales, Scotland and Northern Ireland, as the case may be, governing entitlement to certain benefits in consequence of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3).

Those Regulations introduce arrangements for the payment of disability assistance in the form of Scottish adult disability living allowance. Scottish adult disability living allowance replaces disability living allowance for adults (namely persons aged eighteen years or older) with a disability who live in Scotland. The consequential amendments ensure that Scottish adult disability living allowance is treated in the same way as disability living allowance in the reserved benefits system and in Northern Ireland.

This Order also makes amendments to social security legislation governing entitlement to certain benefits in consequence of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174) and the Disability Assistance for Working Age People (Scotland) Regulations 2022 (S.S.I. 2022/53). These Regulations provide for, respectively, child disability payment and adult disability payment to individuals with a disability who live in Scotland. The purpose of such consequential amendments is to ensure that child disability payment and adult disability payment are treated in the same way as the benefits that they have replaced for the purposes of the reserved benefits system and in Northern Ireland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.