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Paragraph 7 InterpretationF1I1

Scotland

In this Part of the schedule—

  • “date of transfer” means the date when a transferring individual’s entitlement to Adult Disability Payment begins by virtue of a determination made under paragraph 9(1),

  • “relevant individual” means an individual—

    1. (a)

      who has an award of Personal Independence Payment who appears to the Scottish Ministers to be likely to be eligible for Adult Disability Payment, and

    2. (b)

      who is—

      1. (i)

        ordinarily resident in Scotland, or

      2. (ii)

        someone to whom regulation 15(3) (residence and presence conditions) or 20(2) (persons residing outside the United Kingdom to whom a relevant EU regulation applies) applies,

  • “sufficient” means a link to Scotland that is sufficiently close that regulations 15(3) or 20(2) would be incompatible with the applicable agreement mentioned in that regulation, if the relevant individual were not entitled to Adult Disability Payment,

  • “transfer notice” means the notice required by paragraph 8, and

  • “transferring individual” means F2an individual on whom the Scottish Ministers have served a notice of intention to transfer in accordance with paragraph 8.

Annotations

Textual amendments

F1

Sch. 2 Pt. 3 revoked (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), 15(1)(h) (with savings in reg. 15(2)-(3))

F2

Words in sch. 2 para. 7 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(13)(a)

Commencement

I1

Sch. 2 para. 7 in force at 21.3.2022, see reg. 1