The Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021

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 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.