The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021

Explanatory Note

(This note is not part of the Regulations)

These Regulations make consequential and transitional provision in connection with the introduction of a new form of disability assistance, known as child disability payment, under section 31 of the Social Security (Scotland) Act 2018 (“the 2018 Act”). The child disability payment is provided for by the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (“the Child 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 child disability payment is under review within the meaning of schedule 10 of that Act.

Regulations 2 to 18 make consequential amendments to secondary legislation in connection with the introduction of child disability payment. The amendments ensure that individuals who are entitled to child disability payment have the same entitlements and disregards under that legislation as individuals who are entitled to disability living allowance (“DLA”) payable under the Social Security Contributions and Benefits Act 1992.

Child disability payment will replace DLA 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 Child Disability Payment Regulations. Regulation 19 provides that no person under the age of 16 years who is able to apply for Child Disability Payment due to being resident in Scotland, or in some circumstances being resident outwith Scotland and having a genuine and sufficient link to Scotland, may now apply for DLA.

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.