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Regulation 15 When an increase in level of entitlement takes effectF1I1

Scotland

(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 of transfer.

(2)

Where an individual has previously received Adult Disability Payment for a period under a transfer 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, that individual is entitled to be paid the difference between the value of entitlement to Adult Disability Payment under the review determination and the value of Adult Disability Payment to which that individual was previously entitled under the transfer determination.

(F23)

Where paragraph (1) applies, regulation 45 of the ADP Regulations does not apply.

Annotations

Textual amendments

F1

Regulations revoked (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 22(1) (with reg. 22(2))

F2

Reg. 15(3) inserted (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 5(6)

Commencement

I1

Reg. 15 in force at 29.8.2022, see reg. 1(1)