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Research was undertaken with Experience Panel members regarding automatic entitlement in July and August 2018. The findings were published on 29 November 2019 and can be found here: https://www.gov.scot/publications/social-security-experience-panels-award-duration-automatic-entitlement/ . A visual summary is also available here: https://www.gov.scot/publications/social-security-experience-panels-award-duration-automatic-entitlement-visual-summary/ .

Question 64 of the Disability Assistance consultation requests any further comments consultees wish to make relating to Disability Assistance not specifically covered by the consultation document. This question allows consultees to provide any comments on areas they have not had the opportunity to provide.

(a) Information relating to fluctuating conditions is connected to the section on Duration of Awards and is covered within this area of the consultation document.

(b) We do not intend to change the rates of benefits for all forms of Disability Assistance and therefore are not asking any specific questions on this.

(c) We have set out in the section on Access to Accessible Vehicle Leases and Equipment that we intend to ensure that there will be an equivalent Scottish scheme in place in advance of the delivery of Disability Assistance. Based on the 2016 consultation we know that users of the current service are supportive of this approach. We therefore did not ask any specific questions on this.

(d) The rules on appointees are set out by The Social Security (Scotland) Act 2018.

The Scottish Government has chosen to propose a “balance of probabilities” test in determining when to stop providing assistance, where it suspects fraud, as an appropriate level of protection to the public purse.

We believe that it would be disproportionate to apply a stringent criminal test to benefit decisions

The Scottish Government will use feedback from the current Disability Assistance consultation and the Experience Panels to develop the definition of non-engagement with a light-touch review. We will also use this feedback to define the circumstances where powers to stop a client’s disability assistance may be required.

The Scottish Government will use feedback from the current Disability Assistance consultation and the Experience Panels to develop a framework on when undertaking a light-touch review earlier than the set award review date might be required.

The proportion of assessors required to undertake this training has still to be determined. In doing so, the Scottish Government will undertake modelling taking into account feedback from the current Disability Assistance consultation as well as input from the Disability and Carer Benefits Expert Advisory Group.

I refer the member to the answer to S5W-22092 on 21 March 2019. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Give that fewer than 10 Experience Panel members took part the data will be not be published as there is a risk it could be disclosive. No concerns were identified from the small number of panel members spoken to.

People over 65 who are in receipt of Disability Living Allowance will be transferred over to a Scottish version of DLA for people over 65. People over 65 who are in receipt of Personal Independence Payment will be transferred over to Disability Assistance for Working Age People.

Current estimates are that 89,800 cases of people over 65 in receipt of Attendance Allowance will transfer over to Disability Assistance for Older People.