# The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, Regulation 22: Effect of admission to a care home on ongoing entitlement to care component


(1) This regulation applies where an individual who has an ongoing entitlement to the care component of Scottish Adult Disability Living Allowance becomes a resident of a care home.
(2) Subject to paragraphs (3) and (4) and regulation 24 (exception: hospices), on the day after the day on which the individual has been resident in a care home for 28 days, and for so long as the individual continues to reside in such a home, the value of the care component of Scottish Adult Disability Living Allowance that is to be given to the individual is to be £0 instead of the values set out in regulation 29 (amount and form of Scottish Adult Disability Living Allowance).
(3) The 28 days referred to in paragraph (2) may comprise two or more separate periods, provided that there is no more than 28 days between each period.
(4) Paragraph (2) does not apply to a resident in a care home where the full costs of any qualifying services are met—
(a) entirely out of the resources of the individual for whom the qualifying services are provided,
(b) partly out of the resources of the individual for whom the qualifying services are provided and partly out of the resources of another person (other than a local authority) or assistance from a charity, or
(c) entirely out of the resources of another person (other than a local authority) or assistance from a charity.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/22 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

