{
  "url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-26A",
  "json_url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-26A.json",
  "legislation": "ssi/2024/166",
  "legislation_title": "The Disability Assistance for Older People (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024",
  "path": "regulation/26A",
  "kind": "regulation",
  "number": "26A",
  "heading": "Adjustment of payment where medical expenses are paid from public funds under war pensions instrument",
  "text": "(1) Except where paragraph (2) applies, where—\n(a) an individual is provided with relevant accommodation, and\n(b) there is payable in respect of that individual both—\n(i) a payment under article 21 (medical expenses) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and\n(ii) Pension Age Disability Payment,\nthe amount of Pension Age Disability Payment is reduced by the amount of the payment mentioned in sub-paragraph (b)(i).\n(2) Paragraph 1 does not apply to an individual in respect of the first 28 days of any period during which the amount of Pension Age Disability Payment would otherwise be adjusted by virtue of paragraph (1).\n(3) The 28 days referred to in paragraph (2)—\n(a) may comprise two or more separate periods, provided that there is no more than 28 days between each period, and\n(b) is reduced by the number of relevant days.\n(4) In this regulation—\n“relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006,\n“relevant day” means a day that falls not earlier than 28 days before the first day on which the individual was provided with relevant accommodation, and either—\n(a)is a day when the individual was undergoing medical treatment in a hospital or similar institution in the circumstances mentioned in regulation 20(1)(b) (effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment), or\n(b)is a day when the individual was prevented from receiving Pension Age Disability Payment by virtue of regulation 19(2) (effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 26A inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), reg. 1, sch. 2 para. 3(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2024/166/regulation/26A",
    "retrieved_at": "2026-10-28T20:40:16.126941+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}