Disabled Children and Families Ebulletin - January 2024
In this issue:
Appealing an ADP or CDP determination
The rules around appealing Scottish benefit decisions are different from those for UK benefits. In the case of the Scottish disability benefits they are governed by the Social Security (Scotland) Act 2018.
This can often lead to confusion when prior to the appeal Social Security Scotland (SSS) appears to change the decision and, in its submission, ‘invites’ the Tribunal to award benefit or a higher rate than it originally awarded. However, this is not an actual new determination of entitlement and even if you agree with the suggested award, the appeal will not lapse. It is not advisable to withdraw the appeal, because if you did that the original determination remains in place.
It is important to be aware that the Tribunal does not need to follow the SSS recommendation. It is for the Tribunal to decide entitlement based on the facts and evidence before it. That might mean it agrees with SSS and awards the recommended amount, or could make a more generous award, but there is no guarantee that this will be the case and you could be awarded less You should continue with the appeal and present your evidence and arguments as planned.
It is worth noting that in the Social Security (Amendment) (Scotland) Bill the Scottish government has indicated its intention to amend the rules to make provision for a new determination in the above circumstances and subsequently allow the appeal to lapse, but this is not yet law.
A new benefit, called carer support payment, was introduced in Dundee, Perth and Kinross and the Western Isles on 20 November 2023. The benefit will be available in other parts of Scotland throughout 2024. It replaces carer's allowance for people living in Scotland. A process to transfer people from carer’s allowance on to the new benefit will start in February 2024. If you live in Scotland and get carer’s allowance you don’t need to do anything. Social Security Scotland will contact you when your benefit is being transferred.
The qualifying conditions for the new benefit are in the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, and most of these are the same as for carer’s allowance.
You must be caring for someone in receipt of a ‘qualifying benefit’ such as the daily living component of adult disability payment or personal independence payment, attendance allowance, or the middle or highest rate care component of child disability payment. You must be providing at least 35 hours care per week for that person and you won’t qualify if you earn over £139 a week.
One aspect of the new benefit which is different is that students aged 20 or over, and students of any age in advanced education, can qualify for carer support payment when it is available in their area. Full time students cannot get carer's allowance. If you are a student and were previously told you could not get carer’s allowance, and are still caring for someone who is in receipt of a qualifying benefit, you can claim carer support payment when it is available in your area.
For further information see CPAG in Scotland’s information on carer support payment.
The DWP has confirmed that the final cost of living payment for 2023/24 will be issued between 6 and 22 February 2024. A payment of £299 will be paid automatically to those who are eligible so there is no need to apply. To qualify for this you must have been in receipt of a qualifying benefit in the period between 13 November and 12 December 2023.
Qualifying benefits include:
- universal credit for an assessment period that ended within the period 13 November 2023 to 12 December 2023; or
- income-based jobseeker's allowance, income-related employment and support allowance, income support or pension credit for any day in the above period.
For those in receipt of tax credits and no other qualifying benefits, payments will be made between 16 and 22 February. To qualify for the payment of £299 from HMRC, you must have been getting paid tax credits on any day between 13 November and 12 December 2023.
Note that each of these cost of living payments has separate eligibility criteria and therefore the fact you may have had a previous payment doesn't guarantee you will qualify for this one. If you are later awarded one of these qualifying benefits covering the relevant dates you should still receive a payment of £299 but it will come later. If you do not receive it you should contact the DWP or HMRC.