The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024

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 pension age disability payment, under section 31 of the Social Security (Scotland) Act 2018 (“the 2018 Act”). Pension age disability payment is provided for by the Disability Assistance for Older People (Scotland) Regulations 2024 (“the Pension Age 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 pension age disability payment is under review within the meaning of schedule 10 of that Act.

Regulations 2 to 13 make consequential amendments to secondary legislation in connection with the introduction of pension age disability payment. The amendments ensure that individuals who are entitled to pension age disability payment have the same entitlements and disregards under that legislation as individuals who are entitled to attendance allowance payable under the Social Security Contributions and Benefits Act 1992. Pension age disability payment will replace attendance allowance 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 the Pension Age Disability Payment Regulations. Regulation 14 provides, subject to some exceptions, that no person who is able to apply for pension age disability payment due to being resident in the local authority areas of Argyll and Bute, Highland, Orkney Islands, City of Aberdeen, Shetland Islands, Moray, Aberdeenshire, East Ayrshire, North Ayrshire, South Ayrshire, Western Isles, Stirling, Clackmannan, Falkirk, Fife, Angus, City of Dundee and Perthshire and Kinross during the initial period for applications may apply for attendance allowance. It also provides that no person who is able to apply for pension age disability payment due to being resident in Scotland, or otherwise meeting the residence and presence conditions in the Pension Age Disability Payment Regulations after the initial period for applications, may apply for attendance allowance.

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.