The Disability Assistance for Older People (Scotland) Regulations 2024
The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024
The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2024
The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2024
From the policy note to The Disability Assistance for Older People (Scotland) Regulations 2024 we are told that
This instrument sets out the rules and eligibility criteria for Pension Age Disability Payment, a form of assistance to provide financial support to individuals who are over State Pension age with additional costs related to their care needs, arising from a disability or health condition(s). This new form of disability assistance under section 31 of the 2018 Act will replace Attendance Allowance in Scotland. The instrument includes provisions to include the Scottish definition of terminal illness as part of Pension Age Disability Payment, and provisions in relation to individuals who move from Scotland to reside in another part of the United Kingdom, or who move to Scotland. It further includes provisions for when Short-term assistance is to be given to those who have been in receipt of Pension Age Disability Payment. This instrument also includes provision to transfer awards of Attendance Allowance for people in Scotland over pension age from the Department for Work and Pensions (DWP) to Social Security Scotland on behalf of Scottish Ministers; changing these awards from Attendance Allowance to Pension Age Disability Payment
From the policy note to The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024, we are told that it is to make consequential amendments and transitional provision as a result of the introduction of a new form of disability assistance, Pension Age Disability Payment. Pension Age Disability Payment will be introduced by the Disability Assistance for Older People (Scotland) Regulations 2024, which were made by Scottish Ministers in exercise of the powers conferred by the Social Security (Scotland) Act 2018. Pension Age Disability Payment will replace Attendance Allowance in Scotland. These provisions are required to ensure that certain secondary legislation within the devolved competence of Scottish Ministers applies to individuals in receipt of Pension Age Disability Payment in the same way they apply to individuals who receive Attendance Allowance. This ensures that individuals who are entitled to Pension Age Disability Payment will benefit from the same exemptions, concessions and reliefs, in devolved areas, as individuals currently in receipt of Attendance Allowance.
From the policy note to The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024.
This instrument sets out provisions for amendments to The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 20232 (‘the principal regulations’) and The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision)(Scotland) Regulations 20233. The principal regulations set out the eligibility criteria for Carer Support Payment which is a form of assistance for people who provide regular and substantial care to someone who is in receipt of a qualifying disability benefit. The instrument amends provision in the principal regulations on the initial period for applications, extending availability of the benefit to further local authority areas in a phased approach, to be available across Scotland by November 2024. It also brings forward the commencement date of existing provisions to extend eligibility to a specific group of students in full-time non-advanced education. It also makes a number of other amendments to the principal regulations.
From the policy note of The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2024.
The purpose of the instrument is to add the Patient Safety Commissioner for Scotland (“PSCS”) and Community Justice Scotland (“CJS”) to the list of public authorities in Part 3 of schedule 19 of the 2010 Act. Listed public authorities are required to comply with the public sector equality duty.
From the policy note to The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2024 The purpose of the instrument is to make the Patient Safety Commissioner for Scotland (“PSCS”) and Community Justice Scotland (“CJS”) listed authorities for the purpose of the the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (“the 2012 Regulations”). Listed authorities have specific duties which enable them to better perform the public sector equality duty (the “equality duty”) under section 149 of the Equality Act 2010.
