Disability Assistance for Working Age People (Scotland) Regulations 2022 come into force

The Disability Assistance for Working Age People (Scotland) Regulations 2022 came into force on 21 March 2022, establishing Adult Disability Payment as disability assistance for adults in Scotland¹. The Scottish Ministers made the Regulations on 9 February 2022 under powers in the Social Security (Scotland) Act 2018, and a draft was laid before and approved by resolution of the Scottish Parliament¹.

Adult Disability Payment consists of a daily living component and a mobility component, each with two weekly rates¹. Entitlement to the standard rate of the daily living component applies where a person's ability to carry out daily living activities is limited, defined as a score of at least 8 points and no more than 11 points; the enhanced rate applies where ability is severely limited, defined as a score of at least 12 points¹. The same 8 to 11 and 12 or more point thresholds apply to the mobility component¹.

The Regulations set residence and presence conditions. A person must be ordinarily resident in Scotland and have been present in the common travel area for at least 26 weeks out of the 52 weeks immediately preceding the relevant day¹. A person is not entitled to Adult Disability Payment while entitled to armed forces independence payment or Attendance Allowance¹. The Regulations also provide for short-term assistance¹.

The same date saw consequential changes to other benefit rules. The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 inserted references to adult disability payment into the Income Support (General) Regulations 1987 and into the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001, both on 21 March 2022³. The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 made related amendments to the Child Disability Payment rules on the same date⁵.

The Regulations have been amended several times since. The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 applied the Regulations with modifications from 29 August 2022¹. The Scottish Government has not reported the number of awards made under the benefit in these sources.

Why it matters for households

From 21 March 2022, working age adults in Scotland claiming disability assistance for daily living or mobility needs have been assessed under these Regulations rather than under the equivalent UK-wide rules. The benefit is paid at two rates for each component, with the higher rate tied to a score of at least 12 points and the standard rate to a score of 8 to 11 points¹. People who are ordinarily resident in Scotland and meet the 26-week common travel area presence test fall within the rules¹. Those receiving armed forces independence payment or Attendance Allowance cannot be paid Adult Disability Payment at the same time¹. The benefit replaced the previous arrangements for working age adults in Scotland, and the consequential amendments mean references to adult disability payment now appear in the income support and housing benefit decision rules that apply across Great Britain³. People moving between Scotland and the rest of the UK face different disability and carer payment rules depending on where they live, as set out in the guidance on disability and carer payments when moving between Scotland and the rest of the UK.

What happens next

No further commencement dates are set out in the sources.