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CAS response to draft Disability Assistance for Children and Young People (Scotland) Regulations 2020

Scottish Commission on Social Security consultation

Citizens Advice Scotland recommends the draft regulations are amended to change or clarify a number of areas to improve the social security support provided to disabled children and young people.

In particular, we recommend:

  • The statutory timescale for Social Security Scotland to make a re-determination should be reduced to no longer than 42 days.
  • Existing case law from Disability Living Allowance should be incorporated in the regulations, to ensure no gaps in the law are created.
  • The past presence requirements should be removed.
  • The requirement for the needs of a child to be ‘substantially in excess’ of what is normally required of a child of the same age should be clarified further.
  • Amendments should be made to ensure that children and young people who face barriers as a result of a mental health condition can qualify for disability assistance on a fair basis.
  • If a person’s claim is stopped due to entering a care home, provision should be made for their payment to be quickly restarted when they leave, rather than them having to re-apply.
Rob Gowans
Publication date
January 2020
Publication type
Number of pages