EXPLANATORY NOTE

(This note is not part of the Order)

The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174) made under section 31 of the Social Security (Scotland) Act 2018 (asp 9) introduce arrangements for the payment of disability assistance for children and young people in the form of a “child disability payment”. The child disability payment replaces the disability living allowance for children residing in Scotland.

Part 2 of this Order makes consequential amendments to social security legislation in England and Wales, governing entitlement to carer’s allowance.

Part 3 makes consequential amendments to social security legislation in England and Wales, and Scotland, governing entitlement to certain benefits. Article 3 amends the Social Security Contributions and Benefits Act 1992 (c.4) so that child disability payment is a qualifying benefit for the Christmas Bonus. Article 4 amends the State Pension Regulations 2015 (S.I. 2015/173) so that a person can be credited with a Class 3 national insurance credit for a week in which they are caring for someone who is entitled to a child disability payment.

Part 4 makes consequential amendments to social security legislation in Northern Ireland, governing entitlement to carer’s allowance and carer’s credit. Child disability payment is only available to children and young people residing in Scotland. However, the Scottish Government will continue to make payment of child disability payment to any child or young person who relocates from Scotland to another part of the United Kingdom for a period of 13 weeks, from the date of the move, to allow for an application for disability living allowance to be processed.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.