Draft Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025
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The Parliamentary Under-Secretary of State for Scotland (Kirsty McNeill)
I beg to move,
That the Committee has considered the draft Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025.
It is a real pleasure to serve under your chairmanship, Ms Hobhouse. This order, laid on 13 January, is the result of collaborative working between the two Governments of Scotland. It supports the Scottish Government’s decision to introduce the Scottish adult disability living allowance in Scotland next month.
The Scotland Act 2016 devolved significant powers, including responsibility for certain social security benefits and employment support, to the Scottish Parliament. The Scottish Government’s introduction of Scottish adult disability living allowance under section 31 of the Social Security (Scotland) Act 2018 exercises that responsibility. Through their executive agency, Social Security Scotland, the Scottish Government will administer the new benefit in Scotland. At introduction, the Scottish adult disability living allowance will operate on broadly the same terms as the disability living allowance that it replaces.
It is the intention of the UK Government that individuals in receipt of Scottish adult disability living allowance should also receive the same treatments in the reserved social security and tax systems as those on disability living allowance, the Scottish recipients of which will transfer from the Department for Work and Pensions to Social Security Scotland.
The order before us today is made under section 104 of the Scotland Act 1998, which allows for necessary amendments to legislation in consequence of any provision made by or under any Act of the Scottish Parliament. It is therefore the appropriate vehicle for making these technical but important changes to recognise Scottish adult disability living allowance in reserved systems. Scotland Act orders are a demonstration of devolution in action; I am pleased to say that the Scotland Office has taken through over 250 orders since devolution began.
I now turn to the effect that the order will have and the provisions that it will make. The order makes amendments to UK legislation to ensure that Scottish adult disability living allowance is recognised as a qualifying benefit in the same way as disability living allowance is within the reserved social security system with regard to entitlements to additional reserved UK Government benefits and premiums. Those include the Christmas bonus and carer’s allowance. That means that recipients of Scottish adult disability living allowance will be entitled to receive the annual £10 Christmas bonus payment, if it has not already been paid via another benefit. Should all other eligibility criteria be met, it will also ensure that reserved carer’s allowance can be paid to someone caring for someone in receipt of Scottish adult disability living allowance.
The order also prevents dual entitlement to benefits paid because of the same needs: individuals entitled to Scottish adult disability living allowance cannot be entitled to attendance allowance, disability living allowance or the personal independence payment. In the same way, the disability living allowance and personal independence payment are not payable to people in receipt of attendance allowance. The order also amends the taxation of trusts with disabled beneficiaries to treat those with beneficiaries in receipt of Scottish adult disability living allowance in the same way as those with beneficiaries who receive disability living allowance. Without the order, people in Scotland on Scottish adult disability living allowance would not receive the equivalent tax treatments and entitlements to reserved premia and additions as individuals in receipt of disability living allowance in England, Wales and Northern Ireland.
The Scotland Office, the Department for Work and Pensions, His Majesty’s Revenue and Customs, the Scottish Government and the Northern Ireland Executive have worked closely together to ensure that this order can be made, clearly demonstrating cross-Government support for the order.
The Chair
The question is that the Committee has considered the draft Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025. I call the shadow Minister.
Kirsty McNeill
I thank all hon. Members who contributed today. The hon. Member for West Aberdeenshire and Kincardine noted that the order is a broadly sensible technical change. He intimated that he is slightly worried about the time and effort that it takes to go through these processes. However, as I mentioned in my opening remarks, we have passed 250 of these orders at great pace, largely thanks to the sterling work of officials in both Governments; I put on the record my thanks to them.
The shadow Minister suggested that Labour’s enthusiasm for devolution was perhaps in the service of another political objective. I want to put his mind at rest: it is entirely about bringing decision makers closer to the people of Scotland—something to which the Government remain entirely committed.
The hon. Gentleman asked whether we were confident about the implementation plan. The answer is yes, because of the smooth working that there will be between both Governments. He also asked about the promotion of the benefit. That is a matter for the Scottish Government, but we will be speaking to them about that. He asked about provision in Northern Ireland. Equivalent provision is being made in respect of Scottish adult DLA to prevent dual entitlement to Northern Irish social security benefits, as agreed under the previous Government.
I thank the hon. Member for Edinburgh West for her support for this practical and timely change. I also thank the hon. Member for Moray West, Nairn and Strathspey for his support for this technical change, although perhaps not for his other advice to the Government, which I assure him we will not be taking.
This statutory instrument demonstrates the UK Government’s continued commitment to working with the Scottish Government to deliver for Scotland.
Question put and agreed to.