Paragraph 15J Modification of these Regulations: interim determinationsF1

These Regulations apply to an individual on and after the date of the interim determination with the following modifications—

(a)

regulation 3(3) (overview) is to be read as if—

(i)

for “2 weekly rates of the daily living component” there were substituted “3 weekly rates of the daily living component”, and

(ii)

after “(amount and form of Adult Disability Payment)” there were inserted “and paragraph 15C of schedule 2”,

(b)

regulation 5 (daily living component) is to be read as if—

(i)

in paragraph (1) after “the enhanced rate” there were inserted “or, where the individual has been awarded the daily living component under an interim determination as defined in paragraph 15A(2) of schedule 2, at the transitional rate,

(ii)

after paragraph (3) there were inserted—

“(3A)
An individual is entitled to the daily living component at the transitional rate where paragraph 15B(2)(a) of schedule 2 applies to the individual.”, and

(iii)

after paragraph (4)(c) there were inserted—

“(d)
“the transitional rate” in relation to the daily living component means the weekly rate of the daily living component set in paragraph 15C(1) of schedule 2,”,

(c)

regulations 35 (when an application is to be treated as made and beginning of entitlement to assistance) and 36 (time of payment) are treated as omitted.

Annotations

Textual amendments

F1: 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)