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The Disability Assistance for Working Age People (Scotland) Regulations 2022

S.S.I. 2022/54 · Made 9 February 2022 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 9th February 2022

Coming into force 21st March 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 13(3), 31(2), 36(2), 41(4)(a), 43(5), 51(1), 52 and 95 of the Social Security (Scotland) Act 2018f1, and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.C1

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 10 (as amended (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), reg. 5(3))

Footnotes

f1

2018 asp 9 (“the 2018 Act”). Schedules 5, 10 and 11 of the 2018 Act, respectively make provision about the exercise of powers under sections 31, 36 and 51. Section 51 of the 2018 Act was amended by section 12(2) of the Social Security and Tribunal Membership (Scotland) Act 2020 (“the 2020 Act”). Schedule 5 of the 2018 Act was amended by sections 11(2)(a) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Disability Assistance for Working Age People
  5. 3Overview
  6. 4Entitlement to other benefits
  7. Part 3: Eligibility: Daily Living Component and Mobility Component
  8. 5Daily Living Component
  9. 6Mobility Component
  10. 7Determination of ability to carry out activities
  11. 8Scoring for daily living activities
  12. 9Scoring for mobility activities
  13. 10Scoring: further provision
  14. Part 4: Required Period Condition
  15. 11Required Period Condition: daily living component
  16. 12Required Period Condition: mobility component
  17. 13The relevant date
  18. 14The relevant date: Adult Disability Payment after an interval
  19. Part 5: Residence and Presence Conditions
  20. 15Residence and presence conditions
  21. 16Temporary absence from the common travel area
  22. 16ATime limits on absences where the claimant is treated as being in the common travel area
  23. 17Serving members of Her Majesty’s forces, civil servants and their family members
  24. 18Aircraft workers, mariners and continental shelf operations
  25. 19Persons residing in the United Kingdom to whom a relevant EU regulation applies
  26. 20Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  27. 20ANo entitlement to daily living component where UK is not competent state
  28. 21Refugees
  29. Part 6: Entitlement under rules relating to age
  30. 22Age Criteria
  31. 23Exceptions: Adult Disability Payment after an interval and after reaching the relevant age
  32. 24Persons who have reached the relevant age: other exceptions
  33. 25Determination of an award after the person has reached the relevant age
  34. Part 7: Entitlement under special rules for terminal illness
  35. 26Entitlement under special rules for terminal illness
  36. Part 8: Effect of time spent in care homes, hospital and legal detention
  37. 27Effect of admission to a care home on ongoing entitlement to daily living component
  38. 28Effect of admission to hospital on ongoing entitlement to Adult Disability Payment
  39. 29Exception: Hospices
  40. 30Effect of legal detention on ongoing entitlement to Adult Disability Payment
  41. 31Calculation of periods of time spent in a care home, hospital or legal detention
  42. 32Entitlement beginning while in alternative accommodation
  43. Part 9: Making of applications and payments and duration of eligibility
  44. 33Making Payments
  45. 34Amount and form of Adult Disability Payment
  46. 34AAdjustment of payment where medical expenses are paid from public funds under war pensions instrument
  47. 35When an application is to be treated as made and beginning of entitlement to assistance
  48. 36Time of Payment
  49. 37Continuing Eligibility
  50. 38Circumstances in which assistance may be suspended
  51. 39Having regard to financial circumstances
  52. 40Information to be given following suspension
  53. 41Right to review suspension
  54. 42Ending a suspension
  55. 43Effect of suspension ending
  56. 44Form of payment – giving Adult Disability Payment by way of deduction
  57. 45When an increase in level of entitlement takes effect
  58. 46When a decrease in level or cessation of entitlement takes effect
  59. Part 10: Determination of entitlement to Adult Disability Payment without application
  60. 47Consideration of entitlement after specified period
  61. 48Determination following change of circumstances etc.
  62. 49Determination following official error – underpayments
  63. 50Determination following error – overpayments
  64. 51Determination to effect a deduction decision
  65. Part 11: Movement of individuals between Scotland and the rest of the United Kingdom
  66. 52Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland
  67. 52AIndividuals in respect of whom Personal Independence Payment was paid before 6 November 2025
  68. 52BIndividuals with entitlement to Adult Disability Payment in respect of whom Personal Independence Payment was paid before 6 November 2025
  69. 53Individuals in respect of whom Adult Disability Payment is paid at the time of moving to another part of the United Kingdom
  70. Part 12: Periods in respect of a re-determination request
  71. 54Periods in respect of a re-determination request
  72. Part 13: Provision of vehicles
  73. 55Payment of mobility component to authorised providers of vehicles for individuals with disabilities
  74. 56Vehicles for persons with disabilities – powers of appointees
  75. Part 14: Initial period for applications
  76. 57Initial period for applications Repealed
  77. Part 15: Applications for Adult Disability Payment by individuals entitled to Child Disability Payment
  78. 58Applications by individuals entitled to Child Disability Payment
  79. 59Determination without an application - terminal illness
  80. Part 16: Transfer from Personal Independence Payment to Adult Disability Payment
  81. 60Transfer from Personal Independence Payment to Adult Disability Payment
  82. Part 16A: Applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance
  83. 60AApplications by individuals entitled to Scottish Adult Disability Living Allowance
  84. Part 17: Qualifications and experience necessary to carry out assessments
  85. 61Qualifications and experience necessary to carry out assessments
  86. Part 18: Short-term assistance
  87. 62Entitlement to short-term assistance
  88. Part 19: Consequential amendment
  89. 63Consequential amendment
  90. Part 20: Transitory provision
  91. 64Transitory provision – initial period for applications Repealed
  92. 65Exclusion to transitory provision Repealed
  93. Signature
  94. Schedule 1: ADULT DISABILITY PAYMENT DETERMINATION
  95. Part 1: Interpretation
  96. 1Paragraph 1
  97. 2Daily Living Activities
  98. 3Mobility Activities
  99. Schedule 2
  100. Part 1: Short-term assistance
  101. 1Entitlement to short-term assistance
  102. 2Value and form
  103. 3End of entitlement
  104. 4Reduction of Adult Disability Payment where short-term assistance is paid
  105. Part 2: Initial period for applications
  106. 5Initial period for applications Repealed
  107. 6Local authority areas for initial period for applications Repealed
  108. Part 3: Transfer from Personal Independence Payment to Adult Disability Payment
  109. 7Interpretation
  110. 8Notice of intention to transfer to Adult Disability Payment
  111. 9Determination without application of entitlement to Adult Disability Payment
  112. 10Effect of determination on entitlement to Personal Independence Payment
  113. 11Exceptions to paragraph 9(5)
  114. 12Change of Circumstances
  115. 13Effect of legal detention on payment of the mobility component: 16 and 17 year olds
  116. 14Modification of these Regulations: transferring individuals
  117. 15Appointees
  118. Part 3A: Applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance
  119. 15ADetermination of entitlement to Adult Disability Payment – interim determination
  120. 15BEntitlement to Adult Disability Payment under an interim determination
  121. 15CAmount and form and time of payment of Adult Disability Payment
  122. 15DEffect of interim determination on entitlement to Scottish Adult Disability Living Allowance
  123. 15ESpecial rules for terminal illness – exceptions to 15A(4)
  124. 15FReview determination of entitlement to Adult Disability Payment
  125. 15GTime of payment
  126. 15HWhen an increase in level of entitlement takes effect
  127. 15IWhen a decrease in level or cessation of entitlement takes effect
  128. 15JModification of these Regulations: interim determinations
  129. Part 4: Consequential amendments
  130. 16Paragraph 16
  131. Explanatory note