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Regulation 46 When a decrease in level or cessation of entitlement takes effectI1C1

Scotland

(1)

Where, as a result of determination without an application, the amount of Adult Disability Payment payable in respect of an individual is decreased or their entitlement to a component is ceased, the change takes effect—

(a)

in the case of a decrease pursuant to a determination made under regulation F148(c), 48(d) or 48(e) (determination following change of circumstances etc.) on the day after the day on which Personal Independence Payment F2or Disability Living Allowance ceased to be paid in respect of the individual,

F3(aa)

in the case of a determination without application under regulation 48(b), on the date of the individual’s death,

(b)

in the case of a determination without application under regulation 47 or 48(a), on the date—

(i)

where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—

(aa)

knowingly fails to notify a change, or

(bb)

fails to notify the change as soon as reasonably practicable after it occurred,

the individual should have notified the Scottish Ministers of the change, F4or

F5(ia)

where the Scottish Ministers have—

(aa)

made a decision to suspend the individual’s Adult Disability Payment in terms of regulation 38(1) and (3)(a), and

(bb)

subsequently made the determination on the basis that the eligibility rules for Adult Disability Payment are not satisfied, as provided for by section 54(2) of the 2018 Act,

the individual’s Adult Disability Payment was suspended, or

(ii)

in any other case, the Scottish Ministers make the determination,

(c)

in the case of an earlier determination which was based on official error F6... within the meaning of regulation 49 (determination following official error – underpayments) or on error within the meaning of regulation 50 (determination following error – overpayments), on the date when the earlier determination took effect,

(d)

in any other case, on the date when the Scottish Ministers make the determination.

(2)

Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of paragraph (1)(b), (c) or (d).

Annotations

Textual amendments

F1

Words in reg. 46(1)(a) substituted (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(9)(a)(i)

F2

Words in reg. 46(1)(a) 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(9)(a)(ii)

F3

Reg. 46(1)(aa) inserted (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 4(3)

F4

Word in reg. 46(1)(b)(i) 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(8)(a) (with savings in reg. 15(4))

F5

Reg. 46(1)(b)(ia) 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(8)(b) (with reg. 15(4))

F6

Words in reg. 46(1)(c) 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(9)(b)

Modifications

C1

Reg. 46 excluded (20.11.2023) by S.S.I. 2022/217, reg. 16(2) (as substituted by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 5(7))

Commencement

I1

Reg. 46 in force at 21.3.2022, see reg. 1