Explanatory note

These Regulations make provision for Scottish Adult Disability Living Allowance which is a type of disability assistance given by the Scottish Ministers under section 31 of the Social Security (Scotland) Act 2018.

Part 2 provides an overview of arrangements for payment of Scottish Adult Disability Living Allowance.

Part 3 sets out the eligibility criteria for the care component and the mobility component of Scottish Adult Disability Living Allowance.

Part 4 sets out the residence and presence conditions for entitlement to the assistance.

Part 5 sets out the entitlement rules relating to age.

Part 6 sets out the rules for entitlement to the assistance on account of having a terminal illness and when undergoing dialysis.

Part 7 sets out the effects on payment of the assistance when an individual is resident in a care home, hospital or legal detention.

Part 8 deals with payments, the amount and form of the assistance, time of payment, and continuing eligibility. It also provides for circumstances in which the assistance may be suspended, giving assistance by way of deduction, and when increases or decreases of entitlement take effect.

Part 9 deals with reconsideration of entitlement, where an award of assistance has already been made and is being revisited. It provides for determinations without application to be made where a specified period has elapsed, there is a change in circumstances, to address error resulting in overpayments, official errors resulting in underpayments, or to effect a deduction decision.

Part 10 provides for the situation where people in another part of the United Kingdom in receipt of Disability Living Allowance move to Scotland, or people in Scotland in receipt of Scottish Adult Disability Living Allowance move to another part of the United Kingdom.

Part 11 provides for time periods for dealing with requests for re-determination of entitlement.

Part 12 makes provision for the Scottish Ministers to make payment to suppliers of adapted vehicles, with whom recipients of the assistance have entered agreements for hire or hire purchase. These suppliers must be accredited according to a scheme operated by the Scottish Ministers.

Part 13 and Part 1 of schedule 1 deal with entitlement to short-term assistance, to bridge the gap, in the event that entitlement to the assistance is reduced or removed. This is payable, in certain circumstances, during the time when the change in entitlement is being challenged but the outcome is not yet known.

Part 14 and Part 2 of schedule 1 make provision to transfer individuals who meet the eligibility criteria and are awarded Disability Living Allowance to become entitled to Scottish Adult Disability Living Allowance.

Part 15 and Part 3 of schedule 1 set out the circumstances in which an individual may become entitled to Scottish Adult Disability Living Allowance where, within the previous year, they have had entitlement to Disability Living Allowance or Scottish Adult Disability Living Allowance which has ended.

Part 16 and part 1 of schedule 2 make provision for a consequential amendment to the Social Security Contributions and Benefits Act 1992.

Part 17 and Part 2 of schedule 2 make miscellaneous amendments to the Disability Assistance for Working Age People (Scotland) Regulations 2022 (including making provision in respect of applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance) and the Disability Assistance for Older People (Scotland) Regulations 2024.