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The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

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

Draft 2025, ISBN 9780111061145

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 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

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Scottish Adult Disability Living Allowance
  5. 3Overview
  6. 4Relevant status
  7. 5Entitlement to other benefits
  8. Part 3: Eligibility: care component and mobility component
  9. 6Care component criterion: lowest, middle or highest rate care component
  10. 7Mobility requirements: lower rate mobility component
  11. 8Mobility requirements: higher rate mobility component
  12. 9Exclusion of entitlement to mobility component
  13. Part 4: Residence and Presence Conditions
  14. 10Residence and presence conditions
  15. 11Temporary absence from the common travel area
  16. 12Serving members of His Majesty’s forces, civil servants and their family members
  17. 13Aircraft workers, mariners and continental shelf operations
  18. 14Persons residing in the United Kingdom to whom a relevant EU regulation applies
  19. 15Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  20. 16No entitlement to care component where UK is not competent state
  21. 17Refugees
  22. Part 5: Entitlement under rules relating to age
  23. 18Age criteria
  24. 19Determination of an award after the person has reached the relevant age
  25. Part 6: Entitlement under special rules for terminal illness and when undergoing dialysis
  26. 20Entitlement under special rules for terminal illness
  27. 21Entitlement to middle rate of care component when undergoing dialysis
  28. Part 7: Effect of time spent in care homes, hospital and legal detention
  29. 22Effect of admission to a care home on ongoing entitlement to care component
  30. 23Effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance
  31. 24Exception: Hospices
  32. 25Effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance
  33. 26Calculation of periods of time spent in a care home, hospital or legal detention
  34. 27Entitlement beginning while in alternative accommodation
  35. Part 8: Making payments and duration of eligibility
  36. 28Making Payments
  37. 29Amount and form of Scottish Adult Disability Living Allowance
  38. 30Adjustment of payment where medical expenses are paid from public funds under war pensions instrument
  39. 31Time of Payment
  40. 32Continuing Eligibility
  41. 33Circumstances in which assistance may be suspended
  42. 34Having regard to financial circumstances
  43. 35Information to be given following suspension
  44. 36Right to review suspension
  45. 37Ending a suspension
  46. 38Effect of suspension ending
  47. 39Form of payment – giving Scottish Adult Disability Living Allowance by way of deduction
  48. 40When an increase in level of entitlement takes effect
  49. 41When a decrease in level or cessation of entitlement takes effect
  50. Part 9: Determination of entitlement to Scottish Adult Disability Living Allowance without application
  51. 42Consideration of entitlement after specified period
  52. 43Determination following change of circumstance etc.
  53. 44Determination following official error – underpayments
  54. 45Determination following error – overpayments
  55. 46Determination to effect a deduction decision
  56. Part 10: Movement of individuals between Scotland and the rest of the UK
  57. 47Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland
  58. 48Individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom
  59. Part 11: Periods in respect of a re-determination request
  60. 49Periods in respect of a re-determination request
  61. Part 12: Provision of vehicles
  62. 50Payment of mobility component to authorised providers of vehicles for individuals with disabilities
  63. 51Vehicles for persons with disabilities – powers of appointees
  64. Part 13: Short-term assistance
  65. 52Entitlement to short-term assistance
  66. Part 14: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
  67. 53Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
  68. Part 15: Reinstatement of entitlement within a year
  69. 54Reinstatement of entitlement within a year
  70. Part 16: Consequential Amendment
  71. 55Consequential amendment
  72. Part 17: Miscellaneous amendments
  73. 56Miscellaneous amendments
  74. Signature
  75. Schedule 1
  76. Part 1: Short-term assistance
  77. 1Entitlement to short-term assistance
  78. 2Value and form
  79. 3End of entitlement
  80. 4Reduction of Scottish Adult Disability Living Allowance where short-term assistance has been paid
  81. Part 2: Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance
  82. 5Relevant individuals
  83. 6Notice of intention to transfer to Scottish Adult Disability Living Allowance
  84. 7Determination without application of entitlement to Scottish Adult Disability Living Allowance
  85. 8Effect of transfer determination on entitlement to Disability Living Allowance
  86. 9Exceptions to paragraph 7(5)
  87. 10Review determinations
  88. 11Appointees
  89. Part 3: Reinstatement of entitlement within a year
  90. 12Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year
  91. 13Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended
  92. Schedule 2
  93. Part 1: Consequential amendment
  94. 1Paragraph 1
  95. Part 2: Miscellaneous amendments
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. Explanatory note