# The Disability Assistance for Working Age People (Scotland) Regulations 2022, Regulation 34A: Adjustment of payment where medical expenses are paid from public funds under war pensions instrument


(1) Except where paragraph (2) applies, where
(a) an individual is provided with relevant accommodation, and
(b) there are payable in respect of that individual both—
(i) a payment under article 21 (medical expenses) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and
(ii) the daily living component of Adult Disability Payment,
the amount of the daily living component of Adult Disability Payment is reduced by the amount of the payment mentioned in sub-paragraph (b)(i).
(2) Paragraph (1) does not apply to an individual in respect of the first 28 days of any period during which the amount of the daily living component of Adult Disability Payment would otherwise be adjusted by virtue of paragraph (1).
(3) The 28 days referred to in paragraph (2)—
(a) may comprise two or more separate periods, provided that there is no more than 28 days between each period, and
(b) is reduced by the number of relevant days.
(4) In this regulation—
“relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006,
“relevant day” means a day that falls not earlier than 28 days before the first day on which the individual was provided with relevant accommodation, and either—
(a)is a day when the individual was undergoing medical treatment in a hospital or similar institution in the circumstances mentioned in regulation 28(1)(b) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment), or
(b)is a day when the individual was prevented from receiving the daily living component of Adult Disability Payment by virtue of regulation 27(2) (effect of admission to a care home on ongoing entitlement to daily living component).

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Source: https://www.legislation.gov.uk/ssi/2022/54/regulation/34A (the official version)
Page: https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/regulation-34A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.