The Disability Assistance for Older People (Scotland) Regulations 2024
S.S.I. 2024/166 · Made 6 June 2024 · Extends to Scotland
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
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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
- Part 1: Introductory and interpretation
- 1Citation and commencement
- 2Interpretation
- Part 2: Disability assistance for older people
- 3Overview
- 4Entitlement to other benefits
- Part 3: Eligibility
- 5Eligibility criteria: daytime and night-time condition and required period
- 6Eligibility criteria: rates of Pension Age Disability Payment
- 7Entitlement to Pension Age Disability Payment when undergoing renal dialysis
- Part 4: Pension Age Disability Payment after an interval
- 8Pension Age Disability Payment after an interval
- Part 5: Residence and Presence Conditions
- 9Residence and presence conditions
- 10Temporary absence from the common travel area
- 10ATime limits on absences where the claimant is treated as being in the common travel area
- 11Serving members of His Majesty’s forces, civil servants and their family members
- 12Aircraft workers, mariners and continental shelf operations
- 13Persons residing in the United Kingdom to whom a relevant EU regulation applies
- 14Persons residing outside the United Kingdom to whom a relevant EU regulation applies
- 15Refugees
- 16Persons to whom a relevant EU regulation applies and entitlement to Pension Age Disability Payment
- Part 6: Entitlement under rules relating to age
- 17Age Criteria
- Part 7: Entitlement under special rules for terminal illness
- 18Entitlement under special rules for terminal illness
- Part 8: Effect of time spent in care homes, hospital and legal detention
- 19Effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment
- 20Effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment
- 21Exception: Hospices
- 22Effect of legal detention on ongoing entitlement to Pension Age Disability Payment
- 23Calculation of periods of time spent in a care home, hospital or legal detention
- 24Entitlement beginning while in alternative accommodation
- Part 9: Making of applications and payments and duration of eligibility
- 25Making payments
- 26Amount and form of Pension Age Disability Payment
- 26AAdjustment of payment where medical expenses are paid from public funds under war pensions instrument
- 27When an application is to be treated as made and beginning of entitlement to assistance
- 28Time of payment
- 29Continuing eligibility
- 30Circumstances in which assistance may be suspended
- 31Having regard to financial circumstances
- 32Information to be given following suspension
- 33Right to review suspension
- 34Ending a suspension
- 35Effect of suspension ending
- 36Form of payment – giving Pension Age Disability Payment by way of deduction
- 37When an increase in level of entitlement takes effect
- 38When a decrease in level or cessation of entitlement takes effect
- Part 10: Determination of entitlement to Pension Age Disability Payment without application
- 39Consideration of entitlement after specified period
- 40Determination following change of circumstances etc.
- 41Determination following official error – underpayments
- 42Determination following error – overpayments
- 43Determination to effect a deduction decision
- Part 11: Movement of individuals between Scotland and the rest of the United Kingdom
- 44Individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
- 44AIndividuals in respect of whom Attendance Allowance was paid before 23 February 2026
- 44BIndividuals with entitlement to Pension Age Disability Payment in respect of whom Attendance Allowance was paid before 23 February 2026
- 45Individuals in respect of whom Pension Age Disability Payment is paid at the time of moving to another part of the United Kingdom
- Part 12: Periods in respect of a re-determination request
- 46Periods in respect of a re-determination request
- Part 13: Short-term assistance
- 47Entitlement to short-term assistance
- Part 14: Initial period for applications
- 48Initial period for applications Repealed
- Part 15: Transfer from Attendance Allowance to Pension Age Disability Payment
- 49Transfer from Attendance Allowance to Pension Age Disability Payment Repealed
- Part 16: Transitory Provision
- 50Transitory provision – initial period for applications Repealed
- 51Exclusion to transitory provision Repealed
- Part 17: Consequential amendment
- 52Consequential amendment
- Part 18: Miscellaneous amendments
- 53Regulation 53
- Signature
- Schedule
- Part 1: Short-term assistance
- 1Entitlement to short-term assistance
- 2Value and form
- 3End of entitlement
- 4Reduction of Pension Age Disability Payment where short-term assistance is paid
- Part 2: Initial period for applications
- 5Initial period for applications Repealed
- 6Local authority areas for initial period for applications Repealed
- Part 3: Transfer from Attendance Allowance to Pension Age Disability Payment Repealed
- 7Interpretation Repealed
- 8Notice of intention to transfer to Pension Age Disability Payment Repealed
- 9Determination without application of entitlement to Pension Age Disability Payment Repealed
- 10Effect of determination on entitlement to Attendance Allowance Repealed
- 11Exceptions to paragraph 9(4) Repealed
- 12Modification of these Regulations: transferring individuals Repealed
- 13Appointees Repealed
- Part 4: Consequential amendment
- 14Paragraph 14
- Part 5: Miscellaneous amendments
- 15Paragraph 15
- 16Paragraph 16
- Explanatory note