OpenLegislation

The Disability Assistance for Older People (Scotland) Regulations 2024

S.S.I. 2024/166 · Made 6 June 2024 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 6th June 2024

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 31(2), 36(2), 41(4)(a), 43(5), 51(1), 52 and 95 of the Social Security (Scotland) Act 2018f1, and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Footnotes

f1

2018 asp 9 (“the 2018 Act”). Schedules 5, 10 and 11 of the 2018 Act, respectively make provision about the exercise of powers under sections 31, 36 and 51. Section 41 was amended by paragraph 2 of schedule 7 of the Coronavirus (Scotland) Act 2020 (asp 7). Section 51 was amended by section 12(2) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Schedule 5 of the 2018 Act was amended by sections 11(2)(a) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Disability assistance for older people
  5. 3Overview
  6. 4Entitlement to other benefits
  7. Part 3: Eligibility
  8. 5Eligibility criteria: daytime and night-time condition and required period
  9. 6Eligibility criteria: rates of Pension Age Disability Payment
  10. 7Entitlement to Pension Age Disability Payment when undergoing renal dialysis
  11. Part 4: Pension Age Disability Payment after an interval
  12. 8Pension Age Disability Payment after an interval
  13. Part 5: Residence and Presence Conditions
  14. 9Residence and presence conditions
  15. 10Temporary absence from the common travel area
  16. 10ATime limits on absences where the claimant is treated as being in the common travel area
  17. 11Serving members of His Majesty’s forces, civil servants and their family members
  18. 12Aircraft workers, mariners and continental shelf operations
  19. 13Persons residing in the United Kingdom to whom a relevant EU regulation applies
  20. 14Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  21. 15Refugees
  22. 16Persons to whom a relevant EU regulation applies and entitlement to Pension Age Disability Payment
  23. Part 6: Entitlement under rules relating to age
  24. 17Age Criteria
  25. Part 7: Entitlement under special rules for terminal illness
  26. 18Entitlement under special rules for terminal illness
  27. Part 8: Effect of time spent in care homes, hospital and legal detention
  28. 19Effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment
  29. 20Effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment
  30. 21Exception: Hospices
  31. 22Effect of legal detention on ongoing entitlement to Pension Age Disability Payment
  32. 23Calculation of periods of time spent in a care home, hospital or legal detention
  33. 24Entitlement beginning while in alternative accommodation
  34. Part 9: Making of applications and payments and duration of eligibility
  35. 25Making payments
  36. 26Amount and form of Pension Age Disability Payment
  37. 26AAdjustment of payment where medical expenses are paid from public funds under war pensions instrument
  38. 27When an application is to be treated as made and beginning of entitlement to assistance
  39. 28Time of payment
  40. 29Continuing eligibility
  41. 30Circumstances in which assistance may be suspended
  42. 31Having regard to financial circumstances
  43. 32Information to be given following suspension
  44. 33Right to review suspension
  45. 34Ending a suspension
  46. 35Effect of suspension ending
  47. 36Form of payment – giving Pension Age Disability Payment by way of deduction
  48. 37When an increase in level of entitlement takes effect
  49. 38When a decrease in level or cessation of entitlement takes effect
  50. Part 10: Determination of entitlement to Pension Age Disability Payment without application
  51. 39Consideration of entitlement after specified period
  52. 40Determination following change of circumstances etc.
  53. 41Determination following official error – underpayments
  54. 42Determination following error – overpayments
  55. 43Determination to effect a deduction decision
  56. Part 11: Movement of individuals between Scotland and the rest of the United Kingdom
  57. 44Individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
  58. 44AIndividuals in respect of whom Attendance Allowance was paid before 23 February 2026
  59. 44BIndividuals with entitlement to Pension Age Disability Payment in respect of whom Attendance Allowance was paid before 23 February 2026
  60. 45Individuals in respect of whom Pension Age Disability Payment is paid at the time of moving to another part of the United Kingdom
  61. Part 12: Periods in respect of a re-determination request
  62. 46Periods in respect of a re-determination request
  63. Part 13: Short-term assistance
  64. 47Entitlement to short-term assistance
  65. Part 14: Initial period for applications
  66. 48Initial period for applications Repealed
  67. Part 15: Transfer from Attendance Allowance to Pension Age Disability Payment
  68. 49Transfer from Attendance Allowance to Pension Age Disability Payment Repealed
  69. Part 16: Transitory Provision
  70. 50Transitory provision – initial period for applications Repealed
  71. 51Exclusion to transitory provision Repealed
  72. Part 17: Consequential amendment
  73. 52Consequential amendment
  74. Part 18: Miscellaneous amendments
  75. 53Regulation 53
  76. Signature
  77. Schedule
  78. Part 1: Short-term assistance
  79. 1Entitlement to short-term assistance
  80. 2Value and form
  81. 3End of entitlement
  82. 4Reduction of Pension Age Disability Payment where short-term assistance is paid
  83. Part 2: Initial period for applications
  84. 5Initial period for applications Repealed
  85. 6Local authority areas for initial period for applications Repealed
  86. Part 3: Transfer from Attendance Allowance to Pension Age Disability Payment Repealed
  87. 7Interpretation Repealed
  88. 8Notice of intention to transfer to Pension Age Disability Payment Repealed
  89. 9Determination without application of entitlement to Pension Age Disability Payment Repealed
  90. 10Effect of determination on entitlement to Attendance Allowance Repealed
  91. 11Exceptions to paragraph 9(4) Repealed
  92. 12Modification of these Regulations: transferring individuals Repealed
  93. 13Appointees Repealed
  94. Part 4: Consequential amendment
  95. 14Paragraph 14
  96. Part 5: Miscellaneous amendments
  97. 15Paragraph 15
  98. 16Paragraph 16
  99. Explanatory note