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

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.