The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025
Draft 2025, ISBN 9780111061145
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 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
- Part 1: Introductory and interpretation
- 1Citation and commencement
- 2Interpretation
- Part 2: Scottish Adult Disability Living Allowance
- 3Overview
- 4Relevant status
- 5Entitlement to other benefits
- Part 3: Eligibility: care component and mobility component
- 6Care component criterion: lowest, middle or highest rate care component
- 7Mobility requirements: lower rate mobility component
- 8Mobility requirements: higher rate mobility component
- 9Exclusion of entitlement to mobility component
- Part 4: Residence and Presence Conditions
- 10Residence and presence conditions
- 11Temporary absence from the common travel area
- 12Serving members of His Majesty’s forces, civil servants and their family members
- 13Aircraft workers, mariners and continental shelf operations
- 14Persons residing in the United Kingdom to whom a relevant EU regulation applies
- 15Persons residing outside the United Kingdom to whom a relevant EU regulation applies
- 16No entitlement to care component where UK is not competent state
- 17Refugees
- Part 5: Entitlement under rules relating to age
- 18Age criteria
- 19Determination of an award after the person has reached the relevant age
- Part 6: Entitlement under special rules for terminal illness and when undergoing dialysis
- 20Entitlement under special rules for terminal illness
- 21Entitlement to middle rate of care component when undergoing dialysis
- Part 7: Effect of time spent in care homes, hospital and legal detention
- 22Effect of admission to a care home on ongoing entitlement to care component
- 23Effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance
- 24Exception: Hospices
- 25Effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance
- 26Calculation of periods of time spent in a care home, hospital or legal detention
- 27Entitlement beginning while in alternative accommodation
- Part 8: Making payments and duration of eligibility
- 28Making Payments
- 29Amount and form of Scottish Adult Disability Living Allowance
- 30Adjustment of payment where medical expenses are paid from public funds under war pensions instrument
- 31Time of Payment
- 32Continuing Eligibility
- 33Circumstances in which assistance may be suspended
- 34Having regard to financial circumstances
- 35Information to be given following suspension
- 36Right to review suspension
- 37Ending a suspension
- 38Effect of suspension ending
- 39Form of payment – giving Scottish Adult Disability Living Allowance by way of deduction
- 40When an increase in level of entitlement takes effect
- 41When a decrease in level or cessation of entitlement takes effect
- Part 9: Determination of entitlement to Scottish Adult Disability Living Allowance without application
- 42Consideration of entitlement after specified period
- 43Determination following change of circumstance etc.
- 44Determination following official error – underpayments
- 45Determination following error – overpayments
- 46Determination to effect a deduction decision
- Part 10: Movement of individuals between Scotland and the rest of the UK
- 47Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland
- 48Individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom
- Part 11: Periods in respect of a re-determination request
- 49Periods in respect of a re-determination request
- Part 12: Provision of vehicles
- 50Payment of mobility component to authorised providers of vehicles for individuals with disabilities
- 51Vehicles for persons with disabilities – powers of appointees
- Part 13: Short-term assistance
- 52Entitlement to short-term assistance
- Part 14: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
- 53Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
- Part 15: Reinstatement of entitlement within a year
- 54Reinstatement of entitlement within a year
- Part 16: Consequential Amendment
- 55Consequential amendment
- Part 17: Miscellaneous amendments
- 56Miscellaneous amendments
- Signature
- Schedule 1
- Part 1: Short-term assistance
- 1Entitlement to short-term assistance
- 2Value and form
- 3End of entitlement
- 4Reduction of Scottish Adult Disability Living Allowance where short-term assistance has been paid
- Part 2: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
- 5Relevant individuals
- 6Notice of intention to transfer to Scottish Adult Disability Living Allowance
- 7Determination without application of entitlement to Scottish Adult Disability Living Allowance
- 8Effect of transfer determination on entitlement to Disability Living Allowance
- 9Exceptions to paragraph 7(5)
- 10Review determinations
- 11Appointees
- Part 3: Reinstatement of entitlement within a year
- 12Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year
- 13Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended
- Schedule 2
- Part 1: Consequential amendment
- 1Paragraph 1
- Part 2: Miscellaneous amendments
- 2Paragraph 2
- 3Paragraph 3
- Explanatory note