# The Disability Assistance for Working Age People (Scotland) Regulations 2022, Paragraph 15H: When an increase in level of entitlement takes effect


(1) Where, as a result of a review determination, the amount of Adult Disability Payment payable in respect of an individual is increased, or their entitlement to a component is awarded, the change takes effect on the date that the individual’s entitlement to Adult Disability Payment would have begun if paragraph 15A(2) did not apply to the individual, in terms of regulation 35(4) to (6).
(2) Where an individual has previously received Adult Disability Payment for a period under an interim determination and a review determination has subsequently been made that the same individual is entitled to Adult Disability Payment at a higher rate for that period, the individual is entitled to be paid the difference between the value of entitlement to Adult Disability Payment under the review determination and—
(a) the value of Adult Disability Payment to which that individual was previously entitled under the interim determination, and
(b) the value of the Scottish Adult Disability Living Allowance to which that individual was previously entitled between the date identified in accordance with sub-paragraph (1) and the date on which their entitlement to Adult Disability Payment began under the interim determination.
(3) Where paragraph (1) applies, regulation 45 (when an increase in level of entitlement takes effect) does not apply.

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Source: https://www.legislation.gov.uk/ssi/2022/54/schedule/2/paragraph/15H (the official version)
Page: https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/schedule-2/paragraph-15H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.