Regulation 2 Interpretation

In these Regulations—

• “the 2018 Act” means the Social Security (Scotland) Act 2018,

• “Adult Disability Payment” means disability assistance for adults given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022^f1,

• “armed forces independence payment” means the disability benefit paid in accordance with article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011^f2,

• “Attendance Allowance” means an attendance allowance under—

  1. (a)

     section 64 of the Social Security Contributions and Benefits Act 1992^f3, or

  2. (b)

     section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f4,

• “authorised provider of vehicles” means a supplier of vehicles for persons with disabilities approved under an accreditation scheme run by the Scottish Ministers,

• “award” means that a determination has been made that an individual is entitled to be given assistance under section 24 of the 2018 Act in accordance with these Regulations, and cognate expressions are to be construed accordingly,

• “bodily functions” means the normal actions of any organ of the body, including the brain, or of a number of organs acting together,

• “care component” means the care component of Scottish Adult Disability Living Allowance within the meaning of regulation 6,

• “care home” means an establishment which provides a care home service as defined in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010^f5 and includes a residential educational establishment,

• “date of transfer” means the date when a transferring individual’s entitlement to Scottish Adult Disability Living Allowance begins by virtue of a determination made under paragraph 7 (determination without application of entitlement to Scottish Adult Disability Living Allowance) of schedule 1,

• “determination” and “determination of entitlement” have the meaning of “determination of entitlement” in section 25 of the 2018 Act,

• “Disability Living Allowance” means a disability living allowance under—

  1. (a)

     section 71 of the Social Security Contributions and Benefits Act 1992^f6, or

  2. (b)

     section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f7,

• “immigration rules” means the rules laid before the United Kingdom Parliament under section 3(2) of the Immigration Act 1971^f8,

• “legal detention” means detention in legal custody within the meaning of section 295 of the Criminal Procedure (Scotland) Act 1995^f9,

• “Local Health Board” means a body established under section 11 of the National Health Service (Wales) Act 2006^f10,

• “mobility component” means the mobility component of Scottish Adult Disability Living Allowance within the meaning of regulation 7 or 8,

• “NHS Trust” means a body established under section 18 of the National Health Service (Wales) Act 2006,

• “Pension Age Disability Payment” means disability assistance for older people given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024^f11,

• “Personal Independence Payment” means personal independence payment under—

  1. (a)

     Part 4 of the Welfare Reform Act 2012^f12, or

  2. (b)

     article 82 of the Welfare Reform (Northern Ireland) Order 2015^f13,

• “qualifying services” means accommodation, board and personal care,

• “relevant age” means—

  1. (a)

     pensionable age (within the meaning given by the rules in paragraph 1 of schedule 4 of the Pensions Act 1995^f14), or

  2. (b)

     if higher, 65,

• “relevant EU Regulation” means—

  1. (a)

     one of the following Regulations—

     1. (i)

        Council Regulation (EC) No 1408/71 of 14 June 1971^f15 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

     2. (ii)

        Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004^f16 on the coordination of social security systems, or

  2. (b)

     in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974^f17, or the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024^f18 applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018^f19,

• “residential educational establishment” means a care home which provides education or training except for one where the costs of any qualifying services are borne wholly or partly out of public or local funds by virtue of—

  1. (a)

     section 485 of the Education Act 1996^f20 or section 14 of the Education Act 2002^f21 (which relate to grants in aid of educational services),

  2. (b)

     sections 49 or 73 of the Education (Scotland) Act 1980^f22 (which relate respectively to the power of education authorities to assist persons to take advantage of educational facilities and the powers of the Secretary of State to make grants to educational authorities and others),

  3. (c)

     section 65 of the Further and Higher Education Act 1992^f23, sections 39 or 40 of the Higher Education and Research Act 2017^f24 or sections 4 or 11 of the Further and Higher Education (Scotland) Act 2005^f25 (which relate respectively to the funding of further education and the administration of funds), or

  4. (d)

     section 22 of the Teaching and Higher Education Act 1998^f26 (new arrangements for giving financial support to students),

• “Scottish Adult Disability Living Allowance” means disability assistance for adults given in accordance with these Regulations,

• “short-term assistance” means short-term assistance given in accordance with Part 1 of schedule 1,

• “transfer determination” means a determination under paragraph 7(1) of schedule 1,

• “transferring individual” is an individual on whom the Scottish Ministers have served a notice of intention to transfer in accordance with paragraph 6(1) of schedule 1,

• “vehicle scheme beneficiary” means an individual—

  1. (a)

     who is in a class specified in section 74(2)(a), (c) or (d) of the Social Security Contributions and Benefits Act 1992 or in the class specified in section 74(2)(b) of that Act whose application was approved on or after 1 January 1976,

  2. (b)

     for whom an invalid carriage or other vehicle was provided or as the case may be applied for, where that vehicle was—

     1. (i)

        propelled by a petrol engine or by an electric motor,

     2. (ii)

        supplied for use on a public road, and

     3. (iii)

        to be controlled by the occupant, and

  3. (c)

     whose physical condition has not improved to such an extent that they no longer satisfy the conditions which it was necessary to satisfy in order to fall within paragraphs (a) and (b), and

• “week” means a period of 7 days.