The Disability Assistance for Working Age People (Scotland) Regulations 2022
Draft 2022, ISBN 9780111052778
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
- Part 1: Introductory and interpretation
- 1Citation and commencement
- 2Interpretation
- Part 2: Disability Assistance for Working Age People
- 3Overview
- 4Entitlement to other benefits
- Part 3: Eligibility: Daily Living Component and Mobility Component
- 5Daily Living Component
- 6Mobility Component
- 7Determination of ability to carry out activities
- 8Scoring for daily living activities
- 9Scoring for mobility activities
- 10Scoring: further provision
- Part 4: Required Period Condition
- 11Required Period Condition: daily living component
- 12Required Period Condition: mobility component
- 13The relevant date
- 14The relevant date: Adult Disability Payment after an interval
- Part 5: Residence and Presence Conditions
- 15Residence and presence conditions
- 16Temporary absence from the common travel area
- 17Serving members of Her Majesty’s forces, civil servants and their family members
- 18Aircraft workers, mariners and continental shelf operations
- 19Persons residing in the United Kingdom to whom a relevant EU regulation applies
- 20Persons residing outside the United Kingdom to whom a relevant EU regulation applies
- 21Refugees
- Part 6: Entitlement under rules relating to age
- 22Age Criteria
- 23Exceptions: Adult Disability Payment after an interval and after reaching the relevant age
- 24Persons who have reached the relevant age: other exceptions
- 25Determination of an award after the person has reached the relevant age
- Part 7: Entitlement under special rules for terminal illness
- 26Entitlement under special rules for terminal illness
- Part 8: Effect of time spent in care homes, hospital and legal detention
- 27Effect of admission to a care home on ongoing entitlement to daily living component
- 28Effect of admission to hospital on ongoing entitlement to Adult Disability Payment
- 29Exception: Hospices
- 30Effect of legal detention on ongoing entitlement to Adult Disability Payment
- 31Calculation of periods of time spent in a care home, hospital or legal detention
- 32Entitlement beginning while in alternative accommodation
- Part 9: Making of applications and payments and duration of eligibility
- 33Making Payments
- 34Amount and form of Adult Disability Payment
- 35When an application is to be treated as made and beginning of entitlement to assistance
- 36Time of Payment
- 37Continuing Eligibility
- 38Circumstances in which assistance may be suspended
- 39Having regard to financial circumstances
- 40Information to be given following suspension
- 41Right to review suspension
- 42Ending a suspension
- 43Effect of suspension ending
- 44Form of payment – giving Adult Disability Payment by way of deduction
- 45When an increase in level of entitlement takes effect
- 46When a decrease in level or cessation of entitlement takes effect
- Part 10: Determination of entitlement to Adult Disability Payment without application
- 47Consideration of entitlement after specified period
- 48Determination following change of circumstances etc.
- 49Determination following official error – underpayments
- 50Determination following error – overpayments
- 51Determination to effect a deduction decision
- Part 11: Movement of individuals between Scotland and the rest of the United Kingdom
- 52Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland
- 53Individuals in respect of whom Adult Disability Payment is paid at the time of moving to another part of the United Kingdom
- Part 12: Periods in respect of a re-determination request
- 54Periods in respect of a re-determination request
- Part 13: Provision of vehicles
- 55Payment of mobility component to authorised providers of vehicles for individuals with disabilities
- 56Vehicles for persons with disabilities – powers of appointees
- Part 14: Initial period for applications
- 57Initial period for applications
- Part 15: Applications for Adult Disability Payment by individuals entitled to Child Disability Payment
- 58Applications by individuals entitled to Child Disability Payment
- 59Determination without an application - terminal illness
- Part 16: Transfer from Personal Independence Payment to Adult Disability Payment
- 60Transfer from Personal Independence Payment to Adult Disability Payment
- Part 17: Qualifications and experience necessary to carry out assessments
- 61Qualifications and experience necessary to carry out assessments
- Part 18: Short-term assistance
- 62Entitlement to short-term assistance
- Part 19: Consequential amendment
- 63Consequential amendment
- Part 20: Transitory provision
- 64Transitory provision – initial period for applications
- 65Exclusion to transitory provision
- Signature
- Schedule 1: ADULT DISABILITY PAYMENT DETERMINATION
- Part 1: Interpretation
- 1Paragraph 1
- 2Daily Living Activities
- 3Mobility Activities
- Schedule 2
- Part 1: Short-term assistance
- 1Entitlement to short-term assistance
- 2Value and form
- 3End of entitlement
- 4Reduction of payment of Adult Disability Payment where short-term assistance is paid
- Part 2: Initial period for applications
- 5Initial period for applications
- 6Local authority areas for initial period for applications
- Part 3: Transfer from Personal Independence Payment to Adult Disability Payment
- 7Interpretation
- 8Notice of intention to transfer to Adult Disability Payment
- 9Determination without application of entitlement to Adult Disability Payment
- 10Effect of determination on entitlement to Personal Independence Payment
- 11Exceptions to paragraph 9(5)
- 12Change of Circumstances
- 13Effect of legal detention on payment of the mobility component: 16 and 17 year olds
- 14Modification of these Regulations: transferring individuals
- 15Appointees
- Part 4: Consequential amendments
- 16Paragraph 16
- Explanatory note