Suspension of Assistance (Disability Assistance for Children and Young People) (Scottish Child Payment) (Scotland) Regulations 2021 - draft: SCoSS scrutiny report
Scottish Commission on Social Security (SCoSS) scrutiny report on the draft Suspension of Assistance (Disability Assistance for Children and Young People) (Scottish Child Payment) (Scotland) Regulations 2021.
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1. The DACYP Regulations establish child disability payment, which is a form of Scottish disability assistance within the scope of section 31 of the Social Security (Scotland) Act 2018.
2. However, Child Disability Payment is a form of disability assistance and as such is created within the scope of Chapter 2.
3. The principles are set out in section 1 of the 2018 Act.
4. The request for information might be due to a scheduled review (under DACYP Regulation 30), because Social Security Scotland thinks a previous determination may have been made in error (DACYP Regulation 32 or 33; paragraph 6 and 7 of the Schedule to the SCP Regulations), or because Social Security Scotland becomes aware of a change of circumstances that could have implications for continuing entitlement (DACYP Regulation 31; paragraph 10 or 11 of the Schedule of the SCP Regulations).
5. SCP Regulation 19F(b) and schedule 11 para 1(2) to the 2018 Act define 'financial abuse' so as to include circumstances in which the victim has money or other property stolen, is defrauded, comes under pressure in relation to money, or other property, or has money, or other property misused.
6. Social Security Scotland should only request information from an individual with an ongoing award if it is needed to determine the individual's continuing entitlement to all or part of that award, or to an award at the same level.
7. 'A better future', commitment 11; work to improve take-up, ensuring as many people as possible get what they are entitled to, making a particular effort to reach people who are most likely to be excluded.
8. Under the "Processes that work" section the Charter details that Social Security Scotland will "adapt processes and ways of communicating as much as we reasonably can to meet your needs and preferences, for example by providing interpreters."
9. Social Security Scotland: Inclusive Communication
10. By way of example, applicants to the Scottish Welfare Fund receive written communication by default, but can request an alternative format – this is a possible model.
11. Universal credit claimants have found their appeal rights undermined because information was deleted from their journal see – Child Poverty Action Group (CPAG)
12. Poverty and Income Inequality in Scotland 2016-19, Scottish Government.
13. R on the application of Turner v Secretary of State for Work and Pensions  EWHC 465 (Admin) concerned a benefit claimant who starved to death after his award was automatically terminated for failure to engage with the Department of Work and Pensions (DWP). Loss of benefit did not prompt the individual to make contact.
14. Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2019 no 324 reg 6(1)
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