In other words, we need to make sure that the message of “you do not need a diagnosis to get disability benefits” is not translated to “you can get disability benefits even if you are not disabled” in the minds of those receiving that message. Devolved disability benefits 1 Child Disability Payment is a devolved benefit which was introduced by the Scottish Government using powers under the section 31 of the Social Security (Scotland) Act 2018 (the “2018 Act”). the 2018 Act currently provides for disability assistance to be given to an individual on account of that individual 2 “having a disability arising from a physical or mental impairment” that has a “significant and not 1 We support neurodivergent children and their families so have focussed on Child Disability Payment but note that Adult Disability Payment is also a form of disability assistance under section 31 of the Social Security (Scotland) Act 2018 (“2018 Act”). 2 Noting that there is also provision in section 31(1)(b) of the 2018 Act for disability assistance to be given to an individual with a terminal illness. 6 short-term adverse effect on the individual’s ability to carry out normal day-to-day activities, or otherwise 3 gives rise to a significant and not short-term need” .