The Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 71(7) of that Act.
PART 1Introductory
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021.
(2)
These Regulations come into force on 26th July 2021.
(3)
Each amendment made by these Regulations has the same extent as the provision being amended.
PART 2Amendment of primary legislation: England and Wales, and Scotland
Prevention of overlapping payments: Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security Contributions and Benefits Act 19922.
(1)
(2)
“(7)
A person shall not be entitled to a disability living allowance while they are entitled to Child Disability Payment.”.
(3)
Amendment of the Welfare Reform Act 20123.
(1)
(2)
“(4)
A person is not entitled to personal independence payment while they are entitled to Child Disability Payment.”.
(3)
““Child Disability Payment” means assistance under regulation 3 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.
PART 3Amendment of secondary legislation: England and Wales, Scotland, and Northern Ireland
Prevention of overlapping payments: Armed Forces Independence Payment
Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 20114.
(1)
(2)
In the definition of “extra-costs disability benefit”, before the words “or any equivalent benefit” insert “Child Disability Payment under regulation 3 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021,”.
PART 4Amendment of secondary legislation: England and Wales, and Scotland
Persons moving from Scotland to England and Wales: Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security (Disability Living Allowance) Regulations 19915.
(1)
(2)
“(1ZA)
A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.”.
Amendment of the Social Security (Personal Independence Payment) Regulations 20136.
(1)
(2)
“Persons in receipt of an equivalent Scottish benefit who move from Scotland to England or Wales23ZA.
Where regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 36(1) of those Regulations.”.
PART 5Amendment of secondary legislation: Northern Ireland
Persons moving from Scotland to Northern Ireland: Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 19927.
(1)
(2)
“(1ZA)
A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.”.
Amendment of the Personal Independence Payment Regulations (Northern Ireland) 20168.
(1)
(2)
“Persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland23ZA.
Where regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 36(1) of those Regulations.”.
PART 6Amendment of secondary legislation: England and Wales, and Scotland
Appointees
Amendment of the Social Security (Claims and Payments) Regulations 19879.
(1)
(2)
““the 2018 Scotland Act” means the Social Security (Scotland) Act 2018;”.
(3)
“(1B)
Where a natural person over the age of 18 has been appointed by the Scottish Ministers under a qualifying appointment pursuant to the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the individual), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).
(1C)
In paragraph (1B), a qualifying appointment means—
(a)
an appointment made under section 58(1) of the 2018 Scotland Act in a case where section 58(4) of that Act applies, or
(b)
an appointment made under section 85B(1)20 of the 2018 Scotland Act in a case where section 85B(7) of that Act applies.”.
(4)
“(1A)
Subject to paragraph (1B), where a person has been appointed by the Scottish Ministers under section 85A(1) of the 2018 Scotland Act21 in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the child), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).(1B)
Paragraph (1A) does not apply if the person appointed by the Scottish Ministers does not satisfy the conditions in paragraph (2).”.
Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 201310.
(1)
(2)
“(1A)
Where a natural person over the age of 18 has been appointed by the Scottish Ministers under a qualifying appointment pursuant to the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the individual), the Secretary of State may, if the person agrees, treat that person as if the Secretary of State had appointed that person under paragraph (1).
(1B)
In paragraph (1A) a qualifying appointment means—
(a)
an appointment made under section 58(1) of the 2018 Scotland Act in a case where section 58(4) of that Act applies, or
(b)
an appointment made under section 85B(1) of the 2018 Scotland Act in a case where section 85B(7) of that Act applies.
(1C)
In this regulation “the 2018 Scotland Act” means the Social Security (Scotland) Act 2018.”.
Signed by authority of the Secretary of State for Work and Pensions
Section 71 of the Scotland Act 2016 (c. 11) (“the Act”) allows the Secretary of State by regulations to make such consequential provision including amendments to primary legislation in connection with any provision of Part 1, 3, 4, 5 or 6 of the Act as the Secretary of State considers appropriate. These Regulations make provision consequential upon the introduction of Child Disability Payment (“CDP”), the devolved Scottish equivalent of Disability Living Allowance (“DLA”) for children, pursuant to Part 3 of the Act (Welfare benefits and employment support).
Regulation 2 amends the Social Security Contributions and Benefits Act 1992 (c. 4) so that there is no overlapping payment of DLA and CDP. Regulation 3 amends the Welfare Reform Act 2012 (c. 5) so that there is no overlapping payment of Personal Independence Payment (“PIP”) and CDP in relation to claimants in receipt of CDP who become eligible for PIP as opposed to DLA by reason of their age.
Regulation 4 amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) so that there can be no overlapping provision of Armed Forces Independence Payment and CDP.
Regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174) deems claimants in receipt of CDP who move from Scotland to England or Wales, to be resident in Scotland for 13 weeks following their move and hence enables them to continue receiving CDP for that period. Consequentially, regulation 5 of these Regulations amends the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) so that the same claimants are not deemed to be resident simultaneously in England or Wales and in Scotland for the purposes of DLA entitlement and regulation 7 makes the corresponding amendment to the Northern Ireland version of the same regulations. Regulation 6 amends the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/277) for the same reason and with the same effect for the purposes of PIP entitlement and regulation 8 makes the corresponding amendment to the Northern Ireland version of the same regulations.
Regulation 9 amends the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) to allow (where a claimant is not capable of acting for themselves and no other relevant appointee is already in place) former claimants of any devolved benefit who had been granted an appointee in Scotland to be granted the same appointee without a fresh application if they are claiming a reserved benefit (whether whilst still in Scotland or after a move to England and Wales). Regulation 10 amends the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) to do the same.
A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.