Hansard

Thank you, convener. I welcome the opportunity to assist the committee in its consideration of the regulations. A key principle in the cross-border regulations is to ensure that, when case transfer is complete, individuals who move from the rest of the UK to Scotland, while in receipt of an equivalent reserved benefit, are able to do so without a gap in their entitlement.

Our intention had been for the cross-border process to mirror case transfer, so that awards could be transferred automatically from the DWP to Social Security Scotland, without the need for the client to submit a new application. Despite our best efforts, that has not proved to be possible, because the DWP was unable to commit to the required data-sharing arrangements. That means that individuals who move to Scotland will be required to submit a new application for Scottish benefits. That will ensure that we have the most up-to-date information when deciding on an award and minimise the need for the client to undergo an unscheduled review soon after the decision. It also future proofs our approach if there is further divergence between our benefits and the UK equivalents.

Our focus has been on making that application journey as easy as possible for the estimated 300 people per month that we expect to apply across all benefits. The DWP will continue to pay clients for 13 weeks after they move to Scotland, and those clients can apply for the equivalent Scottish benefit while they are still in receipt of their DWP benefit.

The regulations make specific amendments to support carer support payment by allowing entitlement to start on a future date if the client is not eligible on the date that they apply on—something that is not currently possible. For adults receiving disability living allowance, we have developed a process to enable them to request an award of Scottish adult DLA, which, otherwise, is a closed benefit with no new applications possible. Crucially, the regulations provide for backdating of an award of Scottish benefits to the date on which the DWP award ends, as long as the client applies in the defined timeframe. We can also apply that backdating to any awards that were missed in the case transfer process or to awards made retrospectively. That design greatly reduces the possibility of gaps in entitlement and minimises the likelihood of individuals losing out on support that they are entitled to.

For carer support payment, the regulations also extend provision for temporary stop in entitlement where the payment has ended because the qualifying benefit of the person who is being cared for stopped as a result of that person moving to Scotland from the rest of the UK. That ensures that carer support payment can be reinstated more quickly and without the need for an application.

Alongside these regulations, we have designed processes to ensure that cross-border applications are identified quickly and can be prioritised. The regulations also include amendments to child disability payment, adult disability payment, pension age disability payment, Scottish adult DLA and Scottish child payment, to ensure that, when a person has continually disengaged with requests for information relating to an on-going award and is found to be no longer entitled to assistance following a period of suspension, the award can be ended from the date on which the award was suspended.

We have also taken this opportunity to make some minor, technical changes to residence and presence conditions, including for the best start grant and best start foods regulations; to update and add references to international agreements; and to remove now-redundant provisions relating to the initial period of applications for disability benefits within the regulations.

Subject to parliamentary approval, the changes will commence from 6 November 2025; for PADP and Scottish adult DLA, they will commence from 23 February 2026.