{
  "url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/schedule-2/paragraph-15A",
  "json_url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/schedule-2/paragraph-15A.json",
  "legislation": "ssi/2022/54",
  "legislation_title": "The Disability Assistance for Working Age People (Scotland) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022",
  "path": "schedule/2/paragraph/15A",
  "kind": "paragraph",
  "number": "15A",
  "heading": "Determination of entitlement to Adult Disability Payment – interim determination",
  "text": "(1) This regulation applies when an application for Adult Disability Payment is received in respect of an individual who—\n(a) was under 65 years old on 8 April 2013, and\n(b) on the day on which the application is received, is entitled to Scottish Adult Disability Living Allowance.\n(2) Entitlement to Adult Disability Payment under the determination of an application referred to under sub-paragraph (1) (the “interim determination”) begins on the date specified in the notice of determination given to the individual in accordance with section 40 (notice of determination) of the 2018 Act.\n(3) Subject to sub-paragraph (5) and (6), the interim determination is to be made on the basis of—\n(a) such information as the Scottish Ministers have in respect of the individual’s entitlement to Scottish Adult Disability Living Allowance, and\n(b) any other information available to the Scottish Ministers that appears to them to be relevant.\n(4) Subject to paragraph 15E (special rules for terminal illness – exceptions to 15A(4)), an interim determination must be made in accordance with paragraph 15B (entitlement to Adult Disability Payment under an interim determination).\n(5) The interim determination does not need to be made on the basis of the information mentioned in sub-paragraph (3)(b) where—\n(a) the individual—\n(i) before making the application for Adult Disability Payment reported a change of circumstances to the Scottish Ministers which has not been taken into account for the individual’s entitlement to Scottish Adult Disability Living Allowance, or\n(ii) has, since making the application for Adult Disability Payment, notified a change of circumstances to the Scottish Ministers, and\n(b) following the interim determination, the change of circumstances is to be taken into account in a review determination under regulation 15F (review determination of entitlement to Adult Disability Payment).\n(6) The interim determination does not need to be made on the basis of any information which the Scottish Ministers receive within the application for Adult Disability Payment referred to under sub-paragraph (1).\n(7) An interim determination—\n(a) is to be made on the assumption that the individual meets the conditions relating to residence and presence set out in regulations 15 to 21, and\n(b) may be made on the assumption that whatever can be discerned about the individual’s circumstances from the information mentioned in sub-paragraph (3) remains accurate on the date on which the determination is made.\n(8) In this Part “interim determination” has the meaning given in sub-paragraph (2).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 Pt. 3A 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(10)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2022/54/schedule/2/paragraph/15A",
    "retrieved_at": "2026-10-28T20:51:22.394033+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}