2022 No. 335
The Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022
Made
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 71 of the Scotland Act 20161.
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 1PRELIMINARY
Citation, commencement and extent1
1
These Regulations may be cited as the Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022 and come into force on 21st March 2022 immediately after the Disability Assistance for Working Age People (Scotland) Regulations 20222 come into force.
2
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: Attendance Allowance, Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security Contributions and Benefits Act 19922
1
The Social Security Contributions and Benefits Act 19923 is amended as follows.
2
In section 64 (attendance allowance), in subsection (1A)4, after paragraph (a) insert—
aa
adult disability payment;
3
In section 71 (disability living allowance), in subsection (7), for “Child Disability Payment” substitute “adult disability payment or child disability payment”
.
4
In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), in subsection (1)—
a
after the definition of “additional primary percentage”, insert—
“adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022;
b
for the definition of “Child Disability Payment”5, substitute—
“child disability payment” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174);
Amendment of the Welfare Reform Act 20123
1
The Welfare Reform Act 20126 is amended as follows.
2
In section 77 (personal independence payment), in subsection (4)7, for “Child Disability Payment” substitute “adult disability payment or child disability payment”
.
3
In section 95 (interpretation of Part 4)—
a
at the appropriate place insert—
“adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022;
b
for the definition of “Child Disability Payment”8 substitute—
“child disability payment” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174);
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
In article 2 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (interpretation)9, in the definition of “extra-costs disability benefit”—
a
for “under regulation 3 of” substitute “given by virtue of”
;
b
after “2021” insert “, Adult Disability Payment given by virtue of the Disability Assistance for Working Age People (Scotland) Regulations 2022,”
.
PART 4AMENDMENT OF SECONDARY LEGISLATION: ENGLAND AND WALES AND SCOTLAND
Persons moving from Scotland to England and Wales: Attendance Allowance, Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security (Attendance Allowance) Regulations 19915
After regulation 2(1) of the Social Security (Attendance Allowance) Regulations 199110 (conditions as to residence and presence in Great Britain), insert—
1ZA
A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 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 (Disability Living Allowance) Regulations 19916
After regulation 2(1ZA) of the Social Security (Disability Living Allowance) Regulations 199111 (conditions as to residence and presence in Great Britain), insert—
1ZB
A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 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 20137
Renumber the existing text of regulation 23ZA of the Social Security (Personal Independence Payment) Regulations 201312 (persons in receipt of an equivalent Scottish benefit who move from Scotland to England or Wales) as regulation 23ZA(1) and after that renumbered paragraph insert—
2
Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations.
PART 5AMENDMENT OF SECONDARY LEGISLATION: NORTHERN IRELAND
Persons moving from Scotland to Northern Ireland: Attendance Allowance, Disability Living Allowance and Personal Independence Payment
Amendment of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 19928
After regulation 2(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199213 (conditions as to residence and presence in Northern Ireland), insert—
1ZA
A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 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 (Disability Living Allowance) Regulations (Northern Ireland) 19929
After regulation 2(1ZA) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 14 (conditions as to residence and presence in Northern Ireland), insert—
1ZB
A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 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) 201610
Renumber the existing text of regulation 23ZA of the Personal Independence Payment Regulations (Northern Ireland) 2016 15 (persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland) as regulation 23ZA(1) and after that renumbered paragraph insert—
2
Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)