# The Disability Assistance for Older People (Scotland) Regulations 2024, Regulation 19: Effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment


(1) This regulation applies where an individual who has an ongoing entitlement to Pension Age Disability Payment becomes a resident of a care home.
(2) Subject to paragraph (4) and regulation 21 on the day after the day on which the individual has been resident in a care home for 28 days, and for so long as the individual continues to reside in such a home, the value of Pension Age Disability Payment that is to be given to the individual is to be £0 instead of the values set out in regulation 26 (amount and form of Pension Age Disability Payment).
(3) The 28 days referred to in paragraph (2) may comprise two or more separate periods, provided that there is no more than 28 days between each period.
(4) Paragraph (2) does not apply to a resident in a care home, where the full costs of any qualifying services are met—
(a) entirely out of the resources of the individual for whom the qualifying services are provided,
(b) partly out of the resources of the individual for whom the qualifying services are provided and partly out of the resources of another person (other than a local authority) or assistance from a charity, or
(c) entirely out of the resources of another person (other than a local authority) or assistance from a charity.

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Source: https://www.legislation.gov.uk/sdsi/2024/9780111059852/regulation/19 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.