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Regulation 44B Individuals with entitlement to Pension Age Disability Payment in respect of whom Attendance Allowance was paid before 23 February 2026F1

(1)

This regulation applies where an individual—

(a)

immediately before 23 February 2026—

(i)

was entitled to Attendance Allowance, and

(ii)

either—

(aa)

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

(bb)

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,

(b)

has not had their entitlement transferred to Pension Age Disability Payment,

(c)

has continuing entitlement to Pension Age Disability Payment, and

(d)

is not a person to whom regulation 44(1) applies.

(2)

The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Disability Payment, without receiving an application, where they become aware that the individual is an individual to whom paragraph (1) applies.

(3)

Where a determination is made under paragraph (2) that the individual is entitled to Pension Age Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Attendance Allowance ceased.

Annotations

Textual amendments

F1

Regs. 44A, 44B inserted (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(9)