Letter from Minister for Social Security and Local Government to the Convener, 4 February 2022
Dear Convener,
I am writing in response to the Committee’s report on the Disability Assistance for Working Age People (Scotland) Regulations 2022, published on 18 January.
I thank the Committee for their scrutiny of the Regulations and I recognise the importance of these Regulations being accurate. I note that the Committee have raised a number of issues and have asked the Scottish Government to make two particular changes to those Regulations to come into force on 21 March 2022.
These recommendations relate to regulation 7(2), which sets out how an individual’s ability to carry out both daily living and mobility activities is to be determined, and regulation 2, which provides an unnecessary definition of medical treatment.
I very much appreciate the Committee highlighting these issues alongside other errors identified in their report and I agree that they should be addressed at the earliest practicable opportunity. However, given the extremely tight timeframe in which to make amending regulations ahead of 21 March in the midst of an already demanding legislative timetable, I do not consider there to be such an opportunity to make amendments at this stage.
It is my view that regulations 7(2) and 2 can currently be read in a purposive way that means they will be applied as intended. Decision making guidance will also support case managers to understand them correctly. This will ensure that no detriment will be caused to individuals until the regulations are amended.
It is therefore the Scottish Government’s intention to bring forward amendments in response to the Committee’s recommendation in May 2022 to ensure that the amendments are in place for national rollout of Adult Disability Payment, and to also allow time for the Scottish Commission on Social Security to scrutinise these changes.
I am confident that there will be no negative impact on clients who access Adult Disability Payment in the meantime as a result of this approach.
Ben Macpherson