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Regulation 24 Persons who have reached the relevant age: other exceptionsI1

Scotland

Regulation 22(1)(b) does not apply where the individual has reached the relevant age, including for the purposes of any determination of their entitlement to Adult Disability Payment made after they have reached the relevant age, if they—

(a)

were entitled to an award of either or both components of Adult Disability Payment on the day preceding the day on which they reached the relevant age,

(b)

made an application for Adult Disability Payment before reaching the relevant age and that application was not determined before they reached that age, but an award of either or both components would be made in respect of the individual but for regulation 22(1)(b), F1...

(c)

are a transferring individual in terms of Part 3 of schedule 2 F2, F3...

(d)

are a transferring individual in terms of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 F4, F5...

(e)

are an individual to whom Part 3A of schedule 2 appliesF6, or

(f)

is an individual to whom regulation 52 or 52A applies.

Annotations

Textual amendments

F1

Word in reg. 24(b) omitted (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 19(5)(a)

F2

Reg. 24(d) and word inserted (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), 19(5)(b)

F3

Word in reg. 24(c) omitted (21.3.2025) by virtue of The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), reg. 1, sch. 2 para. 2(3)(a)

F4

Reg. 24(e) and word inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), reg. 1, sch. 2 para. 2(3)(b)

F5

Word in reg. 24(d) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 9(5)(a)

F6

Reg. 24(f) and word inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 9(5)(b)

Commencement

I1

Reg. 24 in force at 21.3.2022, see reg. 1