Regulation 19 Determination of an award after the person has reached the relevant age
This regulation applies where—
the individual has—
reached the relevant age,
an ongoing entitlement to Scottish Adult Disability Living Allowance (the “original award”), and
the Scottish Ministers are under a duty to make a determination of their entitlement by way of a determination without an application under regulations 42 to 45.
The restrictions in paragraph (3) apply in relation to the determination referred to in paragraph (1)(b) where the determination is being made in relation to—
a change of circumstances which occurred after the person reached the relevant age, or
a material fact which the Scottish Ministers were not previously aware of which relates to circumstances which began after the individual reached the relevant age.
The restrictions referred to in paragraph (2) are—
where the original mobility component award is for the lower rate then, regardless of whether the award would otherwise have been for the higher rate, the Scottish Ministers—
may only make an award for the lower rate of that component, and
may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the original award was given,
where the original mobility component award is for the higher rate, the Scottish Ministers may only award the higher rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the original award was given,
where the original award did not include an award of the mobility component, the Scottish Ministers may not award that component at either the lower or higher rate.
Where the original award does not include an award of the mobility component but the individual had—
a previous award of—
the mobility component of Scottish Adult Disability Living Allowance, or
the mobility component of Disability Living Allowance, and
the previous award of the component under sub-paragraph (a) ceased no more than 1 year prior to the date on which the determination referred to in paragraph (1)(b) takes or would take effect,
for the purpose of this regulation, entitlement under that previous award is to be treated as if it were under the original award.
Paragraph (2)(b) does not include medical evidence in the form of a clinical judgement which was made in accordance with regulation 20(8) and (9) before the individual reached the relevant age.