# The Disability Assistance for Older People (Scotland) Regulations 2024, Regulation 43: Determination to effect a deduction decision


(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Pension Age Disability Payment, without receiving an application, where the circumstances in paragraphs (2) and (3) apply.
(2) This paragraph applies where—
(a) regulation 36 (form of payment – giving Pension Age Disability Payment by way of deduction) allows Pension Age Disability Payment to be given to the individual by way of deduction, or
(b) Pension Age Disability Payment is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.
(3) This paragraph applies where the Scottish Ministers have decided to—
(a) vary the amount of Pension Age Disability Payment to be given by way of deduction (including introducing a deduction, where the full amount of Pension Age Disability Payment was previously given as money),
(b) vary any period for which the individual’s Pension Age Disability Payment is to be given by way of deduction, that may have been specified in a previous determination of the individual’s entitlement, or
(c) cease making deductions, and instead give the individual’s Pension Age Disability Payment in the form of money.
(4) The Scottish Ministers are to make a determination, without receiving an application, where an individual who is receiving Pension Age Disability Payment by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—
(a) withdraws their agreement to their Pension Age Disability Payment being given by way of deduction,
(b) wishes the Scottish Ministers to increase the amount of their Pension Age Disability Payment that is given by way of deduction,
(c) wishes the Scottish Ministers to decrease the amount of their Pension Age Disability Payment that is given by way of deduction (including ceasing the deduction), or
(d) wishes the Scottish Ministers to amend the length of any period referred to in paragraph (3)(b).

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Source: https://www.legislation.gov.uk/sdsi/2024/9780111059852/regulation/43 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.