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The Disability Assistance for Working Age People (Scotland) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780111052778

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018 for approval by resolution of the Scottish Parliament.

Social Security

Made 2022

Coming into force 21st March 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 13(3), 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 and Tribunal Membership (Scotland) Act 2020 (“the 2020 Act”). Schedule 5 of the 2018 Act was amended by sections 11(2)(a) 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: Disability Assistance for Working Age People
  5. 3Overview
  6. 4Entitlement to other benefits
  7. Part 3: Eligibility: Daily Living Component and Mobility Component
  8. 5Daily Living Component
  9. 6Mobility Component
  10. 7Determination of ability to carry out activities
  11. 8Scoring for daily living activities
  12. 9Scoring for mobility activities
  13. 10Scoring: further provision
  14. Part 4: Required Period Condition
  15. 11Required Period Condition: daily living component
  16. 12Required Period Condition: mobility component
  17. 13The relevant date
  18. 14The relevant date: Adult Disability Payment after an interval
  19. Part 5: Residence and Presence Conditions
  20. 15Residence and presence conditions
  21. 16Temporary absence from the common travel area
  22. 17Serving members of Her Majesty’s forces, civil servants and their family members
  23. 18Aircraft workers, mariners and continental shelf operations
  24. 19Persons residing in the United Kingdom to whom a relevant EU regulation applies
  25. 20Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  26. 21Refugees
  27. Part 6: Entitlement under rules relating to age
  28. 22Age Criteria
  29. 23Exceptions: Adult Disability Payment after an interval and after reaching the relevant age
  30. 24Persons who have reached the relevant age: other exceptions
  31. 25Determination of an award after the person has reached the relevant age
  32. Part 7: Entitlement under special rules for terminal illness
  33. 26Entitlement under special rules for terminal illness
  34. Part 8: Effect of time spent in care homes, hospital and legal detention
  35. 27Effect of admission to a care home on ongoing entitlement to daily living component
  36. 28Effect of admission to hospital on ongoing entitlement to Adult Disability Payment
  37. 29Exception: Hospices
  38. 30Effect of legal detention on ongoing entitlement to Adult Disability Payment
  39. 31Calculation of periods of time spent in a care home, hospital or legal detention
  40. 32Entitlement beginning while in alternative accommodation
  41. Part 9: Making of applications and payments and duration of eligibility
  42. 33Making Payments
  43. 34Amount and form of Adult Disability Payment
  44. 35When an application is to be treated as made and beginning of entitlement to assistance
  45. 36Time of Payment
  46. 37Continuing Eligibility
  47. 38Circumstances in which assistance may be suspended
  48. 39Having regard to financial circumstances
  49. 40Information to be given following suspension
  50. 41Right to review suspension
  51. 42Ending a suspension
  52. 43Effect of suspension ending
  53. 44Form of payment – giving Adult Disability Payment by way of deduction
  54. 45When an increase in level of entitlement takes effect
  55. 46When a decrease in level or cessation of entitlement takes effect
  56. Part 10: Determination of entitlement to Adult Disability Payment without application
  57. 47Consideration of entitlement after specified period
  58. 48Determination following change of circumstances etc.
  59. 49Determination following official error – underpayments
  60. 50Determination following error – overpayments
  61. 51Determination to effect a deduction decision
  62. Part 11: Movement of individuals between Scotland and the rest of the United Kingdom
  63. 52Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland
  64. 53Individuals in respect of whom Adult Disability Payment is paid at the time of moving to another part of the United Kingdom
  65. Part 12: Periods in respect of a re-determination request
  66. 54Periods in respect of a re-determination request
  67. Part 13: Provision of vehicles
  68. 55Payment of mobility component to authorised providers of vehicles for individuals with disabilities
  69. 56Vehicles for persons with disabilities – powers of appointees
  70. Part 14: Initial period for applications
  71. 57Initial period for applications
  72. Part 15: Applications for Adult Disability Payment by individuals entitled to Child Disability Payment
  73. 58Applications by individuals entitled to Child Disability Payment
  74. 59Determination without an application - terminal illness
  75. Part 16: Transfer from Personal Independence Payment to Adult Disability Payment
  76. 60Transfer from Personal Independence Payment to Adult Disability Payment
  77. Part 17: Qualifications and experience necessary to carry out assessments
  78. 61Qualifications and experience necessary to carry out assessments
  79. Part 18: Short-term assistance
  80. 62Entitlement to short-term assistance
  81. Part 19: Consequential amendment
  82. 63Consequential amendment
  83. Part 20: Transitory provision
  84. 64Transitory provision – initial period for applications
  85. 65Exclusion to transitory provision
  86. Signature
  87. Schedule 1: ADULT DISABILITY PAYMENT DETERMINATION
  88. Part 1: Interpretation
  89. 1Paragraph 1
  90. 2Daily Living Activities
  91. 3Mobility Activities
  92. Schedule 2
  93. Part 1: Short-term assistance
  94. 1Entitlement to short-term assistance
  95. 2Value and form
  96. 3End of entitlement
  97. 4Reduction of payment of Adult Disability Payment where short-term assistance is paid
  98. Part 2: Initial period for applications
  99. 5Initial period for applications
  100. 6Local authority areas for initial period for applications
  101. Part 3: Transfer from Personal Independence Payment to Adult Disability Payment
  102. 7Interpretation
  103. 8Notice of intention to transfer to Adult Disability Payment
  104. 9Determination without application of entitlement to Adult Disability Payment
  105. 10Effect of determination on entitlement to Personal Independence Payment
  106. 11Exceptions to paragraph 9(5)
  107. 12Change of Circumstances
  108. 13Effect of legal detention on payment of the mobility component: 16 and 17 year olds
  109. 14Modification of these Regulations: transferring individuals
  110. 15Appointees
  111. Part 4: Consequential amendments
  112. 16Paragraph 16
  113. Explanatory note