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The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

S.S.I. 2025/3 · Made 9 January 2025 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 9th January 2025

Coming into force 21st March 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 31(2), 36(2), 41(4)(a), 43(5), 51(1), 52 and 95 of the Social Security (Scotland) Act 2018f1 and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Footnotes

f1

2018 asp 9 (“the 2018 Act”). Schedules 5, 10 and 11 of the 2018 Act respectively make provision about the exercise of powers under sections 31, 36 and 51. Section 51 of the 2018 Act was amended by section 12(2) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Schedule 5 of the 2018 Act was amended by sections 11(2) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Scottish Adult Disability Living Allowance
  5. 3Overview
  6. 4Relevant status
  7. 5Entitlement to other benefits
  8. Part 3: Eligibility: care component and mobility component
  9. 6Care component criterion: lowest, middle or highest rate care component
  10. 7Mobility requirements: lower rate mobility component
  11. 8Mobility requirements: higher rate mobility component
  12. 9Exclusion of entitlement to mobility component
  13. Part 4: Residence and Presence Conditions
  14. 10Residence and presence conditions
  15. 11Temporary absence from the common travel area
  16. 11ATime limits on absences where the claimant is treated as being in the common travel area
  17. 12Serving members of His Majesty’s forces, civil servants and their family members
  18. 13Aircraft workers, mariners and continental shelf operations
  19. 14Persons residing in the United Kingdom to whom a relevant EU regulation applies
  20. 15Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  21. 16No entitlement to care component where UK is not competent state
  22. 17Refugees
  23. Part 5: Entitlement under rules relating to age
  24. 18Age criteria
  25. 19Determination of an award after the person has reached the relevant age
  26. Part 6: Entitlement under special rules for terminal illness and when undergoing dialysis
  27. 20Entitlement under special rules for terminal illness
  28. 21Entitlement to middle rate of care component when undergoing dialysis
  29. Part 7: Effect of time spent in care homes, hospital and legal detention
  30. 22Effect of admission to a care home on ongoing entitlement to care component
  31. 23Effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance
  32. 24Exception: Hospices
  33. 25Effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance
  34. 26Calculation of periods of time spent in a care home, hospital or legal detention
  35. 27Entitlement beginning while in alternative accommodation
  36. Part 8: Making payments and duration of eligibility
  37. 28Making Payments
  38. 29Amount and form of Scottish Adult Disability Living Allowance
  39. 30Adjustment of payment where medical expenses are paid from public funds under war pensions instrument
  40. 31Time of Payment
  41. 32Continuing Eligibility
  42. 33Circumstances in which assistance may be suspended
  43. 34Having regard to financial circumstances
  44. 35Information to be given following suspension
  45. 36Right to review suspension
  46. 37Ending a suspension
  47. 38Effect of suspension ending
  48. 39Form of payment – giving Scottish Adult Disability Living Allowance by way of deduction
  49. 40When an increase in level of entitlement takes effect
  50. 41When a decrease in level or cessation of entitlement takes effect
  51. Part 9: Determination of entitlement to Scottish Adult Disability Living Allowance without application
  52. 42Consideration of entitlement after specified period
  53. 43Determination following change of circumstance etc.
  54. 44Determination following official error – underpayments
  55. 45Determination following error – overpayments
  56. 46Determination to effect a deduction decision
  57. Part 10: Movement of individuals between Scotland and the rest of the UK
  58. 47Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
  59. 47AIndividuals in respect of whom Disability Living Allowance was paid before 23 February 2026
  60. 47BIndividuals with entitlement to Scottish Adult Disability Living Allowance in respect of whom Disability Living Allowance was paid before 23 February 2026
  61. 48Individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom
  62. Part 11: Periods in respect of a re-determination request
  63. 49Periods in respect of a re-determination request
  64. Part 12: Provision of vehicles
  65. 50Payment of mobility component to authorised providers of vehicles for individuals with disabilities
  66. 51Vehicles for persons with disabilities – powers of appointees
  67. Part 13: Short-term assistance
  68. 52Entitlement to short-term assistance
  69. Part 14: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
  70. 53Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance Repealed
  71. Part 15: Reinstatement of entitlement within a year
  72. 54Reinstatement of entitlement within a year
  73. Part 16: Consequential Amendment
  74. 55Consequential amendment
  75. Part 17: Miscellaneous amendments
  76. 56Miscellaneous amendments
  77. Signature
  78. Schedule 1
  79. Part 1: Short-term assistance
  80. 1Entitlement to short-term assistance
  81. 2Value and form
  82. 3End of entitlement
  83. 4Reduction of Scottish Adult Disability Living Allowance where short-term assistance has been paid
  84. Part 2: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance Repealed
  85. 5Relevant individuals Repealed
  86. 6Notice of intention to transfer to Scottish Adult Disability Living Allowance Repealed
  87. 7Determination without application of entitlement to Scottish Adult Disability Living Allowance Repealed
  88. 8Effect of transfer determination on entitlement to Disability Living Allowance Repealed
  89. 9Exceptions to paragraph 7(5) Repealed
  90. 10Review determinations Repealed
  91. 11Appointees Repealed
  92. Part 3: Reinstatement of entitlement within a year
  93. 12Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year
  94. 13Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended
  95. Schedule 2
  96. Part 1: Consequential amendment
  97. 1Paragraph 1
  98. Part 2: Miscellaneous amendments
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. Explanatory note