Legislation – The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024

This Order makes amendments in consequence of regulations made under section 31 (disability assistance) of the Social Security (Scotland) Act 2018 (asp 9).

This Order principally makes amendments to social security legislation governing entitlement to certain benefits as well as tax legislation in the United Kingdom in consequence of the Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166). These Regulations introduce arrangements for the payment of disability assistance for older people in Scotland in the form of “Pension Age Disability Payment”. Pension Age Disability Payment replaces Attendance Allowance in Scotland.

This Order also makes amendments to social security legislation governing entitlement to certain benefits in Northern Ireland in consequence of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174) and the Disability Assistance for Working Age People (Scotland) Regulations 2022 (S.S.I. 2022/53).

Article 2 amends the Social Security Contributions and Benefits Act 1992 (c. 4) to prevent dual entitlement to Pension Age Disability Payment and Attendance Allowance or Disability Living Allowance, and provides that individuals entitled to Pension Age Disability Payment are entitled to a Christmas bonus.

Article 3 amends the Welfare Reform Act 2012 (c. 5) to prevent dual entitlement to Pension Age Disability Payment and Personal Independence Payment.

Article 4 amends the Social Security Contributions and Benefits Act 1992 so that receipt of Pension Age Disability Payment is among the qualifying benefits for Carer’s Allowance in England and Wales.

Article 5 amends the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) to prevent dual entitlement to Attendance Allowance and Adult Disability Payment or Pension Age Disability Payment, as well as preventing dual entitlement to Disability Living Allowance and Child Disability Payment, Adult Disability Payment or Pension Age Disability Payment.

Article 5 also amends the same Act to ensure that Pension Age Disability Payment is treated as a qualifying benefit for Carer’s Allowance in Northern Ireland for the 13-week run-on period only.

Article 6 amends the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) to prevent dual entitlement to Personal Independence Payment and Pension Age Disability Payment, Child Disability Payment or Adult Disability Payment.

Article 7 amends the Inheritance Act 1984 (c. 51) so that provisions on pre-1981 trusts for disabled persons cover individuals who are in receipt of Pension Age Disability Payment. The same Act is also amended in relation to self-settlements by those expected to meet the definition of a “disabled person” in the future, where such a person is receiving treatment for renal failure in a hospital or similar institution, other than as an in-patient.

Article 8 amends Schedule 1A to the Finance Act 2005 (c. 7) to ensure that individuals in receipt of Pension Age Disability Payment receive the same treatment as those in receipt of Attendance Allowance.

Article 9 amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) to ensure that Pension Age Disability Payment is treated the same way as other forms of disability assistance given under section 31 of the Social Security (Scotland) Act 2018 for the purposes of entitlement to Armed Forces Independence Payment.

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.