A4/2025 The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024
Updated 28 March 2025
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Who should read
All Housing Benefit colleagues and wider if appropriate.
Action
For information.
Subject
The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024.
Guidance Manual
The information in this circular does affect the content of the HB Guidance Manual. Please annotate this circular number against paragraphs 4.1195, 4.1196 and 4.1860 in Chapter A4. Paragraphs 5.504, 5.542, 5.571, 5.581, 5.5681 and 5.683 in Chapter A5. Paragraphs W3.142 to W3.143, W3.200 to W3.231, W3.272 to W3.273 and W3.420 to W3.422 in Chapter BW3. Paragraphs P3.200 to P3.231, P3.272 to P3.273 and P3.420 to P3.422 in Chapter BP3.
Queries
You can get extra copies of this circular/copies of previous circulars.
If you want to ask about the technical content of this circular, contact: housing.policyenquiries@dwp.gov.uk.
If you want to ask about the distribution of this circular, contact: lawelfare.correspondence@dwp.gov.uk.
Crown Copyright 2025
Recipients may freely reproduce this circular.
The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024
Introduction
1. This circular provides information about the The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order (SI 2024/919). SI 2024/919 that was laid on 10 September 2024 and came into force on 21 October 2024.
Background
2. SI 2024/919 makes changes to the Housing Benefit Regulations 2006 (SI 2006/213) and the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 (SI2006/214) to reflect the introduction by the Scottish Government of the Pension Age Disability Payment (PADP) which replaces Attendance Allowance for Pension age adults resident in Scotland.
Amendments to Housing Benefit Regulations
3. The following paragraphs provide more information about the amendments to the Regulations made by SI 2024/919.
Size criteria
4. The definition of a person who cannot share a bedroom is amended so that receipt of PADP gives entitlement to an additional bedroom to couples who cannot share a bedroom due to one or both members of the couple being disabled.
5. The definition of a person who requires overnight care is amended so that receipt of PADP gives entitlement to an additional bedroom.
Disregards
6. The childcare disregard provisions are amended so that receipt of PADP allows the disregard to apply where one member of the couple is unable to work and is receiving PADP.
7. Receipt of PADP will allow the higher weekly earnings disregard of £20 to apply for people receiving Pension Age Housing Benefit.
Premiums
8. PADP is treated as a qualifying benefit for the carer, disability and severe disability premiums.
Non-dependent deductions
9. Where a claimant or their partner is getting PADP no non-dependant deductions are applied.
10. Where a non-dependant is in remunerative work and is receiving PADP then the amount of PADP paid will be deducted from their gross income.
Benefit cap
11. Receipt of PADP will exempt a household from the benefit cap.