{
  "url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-40",
  "json_url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-40.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/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Determination following change of circumstances etc.",
  "text": "The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Disability Payment, without receiving an application, where the individual has an ongoing entitlement to Pension Age Disability Payment and they become aware—\n(a) of a change of circumstances, whether or not notified by the individual in accordance with section 56 of the 2018 Act, or where the Scottish Ministers become aware that a determination of an individual’s entitlement was made in ignorance of a material fact, which would possibly result in an alteration to the rate of Pension Age Disability Payment payable to the individual or which is likely to mean that the individual is no longer entitled to Pension Age Disability Payment,\n(b) that the individual has died,\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 40(c)(d) revoked (23.2.2026) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(3), 17(1)(a) (with reg. 17(2)-(6))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 40 in force at 21.10.2024, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2024/166/regulation/40",
    "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."
}