The Scottish Commission on Social Security’s scrutiny report on the draft Disability Assistance for Older People (Scotland) Regulations 2024
Summary of recommendations and observations
Recommendation 1: We accept that during case transfer there is a rationale for aligning the aims of Pension Age Disability Payment with Attendance Allowance, but in the longer term the Scottish Government should review Pension Age Disability Payment’s aims for consistency with the social security principles.
Recommendation 2: The Scottish Government should consider bringing forward the 2026 take-up strategy to integrate the most recent benefits into the strategy as a whole.
Recommendation 3: The Scottish Government should ensure that information on Short-term Assistance while challenging a decision includes the possibility of not regaining passported benefits in full at the end of the process so that people can make an informed decision about whether to apply.
Recommendation 4: Given concerns about the mobility component and other passported support not being payable to individuals who claim disability assistance over state pension age, the Scottish Government should work with stakeholder organisations to consider other forms of transport assistance which could be available to older disabled people with mobility needs, within or outside the Scottish social security system.
Observation 1: Older people needing help with renal dialysis day and night have access to a lower automatic rate of benefit than young people. The introduction of Pension Age Disability Payment is an opportunity for the Scottish Government to consider whether this is the best policy.
Observation 2: When updated, the draft Pension Age Disability Payment Equality Impact Assessment could address data gaps and engage stakeholders to explore further justifications and mitigations related to a mobility component.
Recommendation 5: The Scottish Government should revise the definition of ‘supervision’ in line with established case law principles.
Recommendation 6: Provisions relating to the ‘required period’ and ‘required period condition’ should be revised to ensure they meet the policy intention.
