{
  "url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-44",
  "json_url": "https://openlegislation.uk/disability-assistance-for-older-people-scotland-regulations-2024/regulation-44.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/44",
  "kind": "regulation",
  "number": "44",
  "heading": "Individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland",
  "text": "(1) This regulation applies where an individual—\n(a) becomes resident in Scotland,\n(b) was resident in another part of the United Kingdom, and\n(c) was entitled to Attendance Allowance immediately before the date of the move.\n(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Pension Age Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).\n(3) Where, for the purpose of an application for Pension Age Disability Payment—\n(a) the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date of the move, and\n(b) an application is made within 34 weeks of the date of the move,\nentitlement begins on the day after the day on which the individual’s entitlement to Attendance Allowance ceased.\n(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Pension Age Disability Payment begins in accordance with regulation 27(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).\n(5) Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.\n(6) In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 44 substituted (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), 11(8) (with reg. 17(5)(6))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2024/166/regulation/44",
    "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."
}