Regulation 52A Individuals in respect of whom Personal Independence Payment was paid before 6 November 2025F1
This regulation applies where an individual—
immediately before 6 November 2025—
was entitled to Personal Independence Payment (“the previous award”), and
either—
fell within the definition of a “relevant individual” in terms of regulation 60 and paragraph 7 of schedule 2 as they applied before 6 November 2025, or
would have fallen within the definition referred to in sub-head (aa) had the entitlement to Personal Independence Payment under the previous award been established prior to 6 November 2025,
has not had their entitlement transferred to or otherwise become entitled to Adult Disability Payment, and
is not a person to whom regulation 52(1) applies.
Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Adult Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).
Where, for the purpose of an application for Adult Disability Payment—
the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Personal Independence Payment was not transferred to an entitlement to Adult Disability Payment, and
an application is made within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Personal Independence Payment was not transferred to an entitlement to Adult Disability Payment,
entitlement begins on the day on which the individual’s entitlement to Personal Independence Payment ceased.
Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Adult Disability Payment begins in accordance with regulation 35(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).
Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.
The restrictions in paragraph (7) apply where the Scottish Ministers are under a duty to make a determination in relation to an application by an individual to whom this regulation applies where that individual is over the relevant age as defined in regulation 22(2) on 6 November 2025.
The restrictions referred to in paragraph (6) are, where the previous award—
contains a mobility component award for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—
may only make an award for the standard rate of that component, and
may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,
contains a mobility component award for the enhanced rate, the Scottish Ministers may only award the enhanced rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,
does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the standard or enhanced rate.
In this regulation and regulation 52B, references to transfer to Adult Disability Payment are to transfer by virtue of regulation 60 and Part 3 of schedule 2, as they applied before 6 November 2025.