Regulation 44A Individuals in respect of whom Attendance Allowance was paid before 23 February 2026F1
This regulation applies where an individual—
immediately before 23 February 2026—
was entitled to Attendance Allowance, and
either—
fell within the definition of a “relevant individual” in terms of regulation 49 and paragraph 7 of the schedule as they applied before 23 February 2026, or
would have fallen within the definition referred to in sub-head (aa) had the entitlement to Attendance Allowance referenced in head (i) been established prior to 23 February 2026,
has not had their entitlement transferred or otherwise become entitled to Pension Age Disability Payment, and
is not a person to whom regulation 44(1) applies.
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).
Where, for the purpose of an application for Pension Age Disability Payment—
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 on which the Scottish Ministers become aware that the individual’s previous entitlement to Attendance Allowance was not transferred to an entitlement to Pension Age Disability Payment, and
an application is made within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Attendance Allowance was not transferred to an entitlement to Pension Age Disability Payment,
entitlement begins on the day on which the individual’s entitlement to Attendance Allowance ceased.
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).
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.
In this regulation and regulation 44B, references to transfer to Pension Age Disability Payment are to transfer by virtue of regulation 49 and Part 3 of the schedule of these Regulations, as they applied before 23 February 2026.