PART 1 PRELIMINARY

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022 and come into force on 21st March 2022 immediately after the Disability Assistance for Working Age People (Scotland) Regulations 2022( 2 ) come into force.

(2) Each amendment made by these Regulations has the same extent as the provision being amended.

PART 2 AMENDMENT OF PRIMARY LEGISLATION: ENGLAND AND WALES, AND SCOTLAND

Prevention of overlapping payments: Attendance Allowance, Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security Contributions and Benefits Act 1992

2. —(1)The Social Security Contributions and Benefits Act 1992( 3 ) is amended as follows.

(2) In section 64 (attendance allowance), in subsection (1A)( 4 ), after paragraph (a) insert—

“ (aa) adult disability payment; ” .

(3) In section 71 (disability living allowance), in subsection (7), for “Child Disability Payment” substitute “adult disability payment or child disability payment” .

(4) In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), in subsection (1)—

(a) after the definition of “additional primary percentage”, insert—

“ “ adult disability payment ” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022; ” ;

(b) for the definition of “Child Disability Payment”( 5 ), substitute—

“ “ child disability payment ” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 ( S.S.I. 2021/174 ); ” .

Amendment of the Welfare Reform Act 2012

3. —(1)The Welfare Reform Act 2012( 6 ) is amended as follows.

(2) In section 77 (personal independence payment), in subsection (4)( 7 ), for “Child Disability Payment” substitute “adult disability payment or child disability payment” .

(3) In section 95 (interpretation of Part 4)—

(a) at the appropriate place insert—

“ “ adult disability payment ” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022; ” ;

(b) for the definition of “Child Disability Payment”( 8 ) substitute—

“ “ child disability payment ” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 ( S.S.I. 2021/174 ); ” .

PART 3 AMENDMENT OF SECONDARY LEGISLATION: ENGLAND AND WALES, SCOTLAND AND NORTHERN IRELAND

Prevention of overlapping payments: Armed Forces Independence Payment

Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

4. In article 2 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (interpretation)( 9 ), in the definition of “extra-costs disability benefit”—

(a) for “under regulation 3 of” substitute “given by virtue of” ;

(b) after “2021” insert “, Adult Disability Payment given by virtue of the Disability Assistance for Working Age People (Scotland) Regulations 2022,” .

PART 4 AMENDMENT OF SECONDARY LEGISLATION: ENGLAND AND WALES AND SCOTLAND

Persons moving from Scotland to England and Wales: Attendance Allowance, Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security (Attendance Allowance) Regulations 1991

5. After regulation 2(1) of the Social Security (Attendance Allowance) Regulations 1991( 10 ) (conditions as to residence and presence in Great Britain), insert—

“ (1ZA) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation. ” .

Amendment of the Social Security (Disability Living Allowance) Regulations 1991

6. After regulation 2(1ZA) of the Social Security (Disability Living Allowance) Regulations 1991( 11 ) (conditions as to residence and presence in Great Britain), insert—

“ (1ZB) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation. ” .

Amendment of the Social Security (Personal Independence Payment) Regulations 2013

7. Renumber the existing text of regulation 23ZA of the Social Security (Personal Independence Payment) Regulations 2013( 12 ) (persons in receipt of an equivalent Scottish benefit who move from Scotland to England or Wales) as regulation 23ZA(1) and after that renumbered paragraph insert—

“ (2) Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations. ” .

PART 5 AMENDMENT OF SECONDARY LEGISLATION: NORTHERN IRELAND

Persons moving from Scotland to Northern Ireland: Attendance Allowance, Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992

8. After regulation 2(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992( 13 ) (conditions as to residence and presence in Northern Ireland), insert—

“ (1ZA) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation. ” .

Amendment of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

9. After regulation 2(1ZA) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 ( 14 ) (conditions as to residence and presence in Northern Ireland), insert—

“ (1ZB) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation. ” .

Amendment of the Personal Independence Payment Regulations (Northern Ireland) 2016

10. Renumber the existing text of regulation 23ZA of the Personal Independence Payment Regulations (Northern Ireland) 2016 ( 15 ) (persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland) as regulation 23ZA(1) and after that renumbered paragraph insert—

“ (2) Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations. ” .