# The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, Regulation 23: Effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance


(1) This regulation applies where an individual who has an ongoing entitlement to either component of Scottish Adult Disability Living Allowance—
(a) is undergoing medical or other treatment as an in-patient at a hospital or similar institution, and
(b) any of the costs of the treatment, accommodation and any related services provided for them are borne out of public funds.
(2) Subject to regulation 24 (exception: hospices), on the day after the day on which the individual has been an in-patient in a hospital or other similar institution for 28 days, and for so long as the individual continues to be an in-patient in such an institution, the value of each component of Scottish Adult Disability Living Allowance that is to be given to the individual is £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) For the purposes of paragraph (1), the costs of treatment, accommodation or any related services are borne out of public funds if the individual is undergoing medical or other treatment as an in-patient in—
(a) a hospital or similar institution under—
(i) the National Health Service Act 2006,
(ii) the National Health Service (Wales) Act 2006,
(iii) the National Health Service (Scotland) Act 1978, or
(iv) the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991, or
(b) a hospital or similar institution maintained or administered by the Defence Council.
(5) This regulation does not apply to an individual who was under the age of 18 on the day on which they began their current period undergoing medical or other treatment as an in-patient at a hospital or similar institution.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/23 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.