Regulation 27 Entitlement beginning while in alternative accommodation
Paragraphs (2) to (4) apply where an individual is resident in a care home, an in-patient in a hospital or similar institution, or in legal detention on the day on which their entitlement to Scottish Adult Disability Living Allowance begins as a result of a transfer determination.
Where an individual is in legal detention when their entitlement to Scottish Adult Disability Living Allowance begins as a result of a transfer determination, on the day after the day on which the individual has been entitled to Scottish Adult Disability Living Allowance for 28 days, and for so long as the individual continues to be in legal detention, instead of the values set out in regulation 29 (amount and form of Scottish Adult Disability Living Allowance), the individual is to be given the value of £0 in respect of each component of Scottish Adult Disability Living Allowance.
Except where paragraph (7) applies, where an individual has been resident in a care home, or an in-patient in a hospital or similar institution, for a period of 28 days or more when their entitlement to Scottish Adult Disability Living Allowance begins, for so long as the individual continues to reside in a care home or is an in-patient in a hospital or similar institution, instead of the values set out in regulation 29 (amount and form of Scottish Adult Disability Living Allowance), the individual is to be given the value of £0—
where the individual is resident in a care home, in respect of the care component of Scottish Adult Disability Living Allowance,
where the individual is—
undergoing medical or other treatment as an in-patient in a hospital or similar institution, and
any of the costs of the treatment, accommodation and any related services provided for them are borne out of public funds within the meaning of regulation 23(4) (effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance),
in respect of each component of Scottish Adult Disability Living Allowance.
Where, on the day on which their entitlement to Scottish Adult Disability Allowance begins, an individual has been resident in a care home or an in-patient in a hospital or similar institution for a period of less than 28 days, on the day after the day on which the individual has been resident in a care home or is an in-patient in a hospital or similar institution for more than 28 days, and for so long as the individual continues to reside in a care home or is an in-patient in a hospital or similar institution instead of the values set out in regulation 29 (amount and form of Scottish Adult Disability Living Allowance), the individual is to be given the value of £0—
where the individual is resident in a care home, in respect of the care component of Scottish Adult Disability Living Allowance, and
where the individual is—
undergoing medical or other treatment as an in-patient in a hospital or similar institution, and
any of the costs of the treatment, accommodation and any related services provided for them are borne out of public funds within the meaning of regulation 23(4),
in respect of each component of Scottish Adult Disability Living Allowance.
Paragraph (6) applies where an individual is resident in a care home, an in-patient in a hospital or similar institution, or in legal detention on the day on which their entitlement to Scottish Adult Disability Living Allowance begins as a result of a determination under paragraph 12 of schedule 1 (reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year), paragraph 13 of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended) or regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland).
On and after that day, and for so long as the individual continues to reside in a place mentioned in paragraph (5), instead of the values set out in regulation 29 (amount and form of Scottish Adult Disability Living Allowance), the individual is to be given the value of £0—
where the individual is resident in a care home, in respect of the care component of Scottish Adult Disability Living Allowance,
where the individual is—
undergoing medical or other treatment as an in-patient in a hospital or similar institution, and
any of the costs of the treatment, accommodation and any related services provided for them are borne out of public funds within the meaning of regulation 23(4) (effect of admission to hospital on rate of entitlement),
in respect of each component of Scottish Adult Disability Living Allowance, and
where the individual is in legal detention, in respect of each component of Scottish Adult Disability Living Allowance.
Subject to paragraph (8), where an individual began their current period undergoing medical or other treatment as an in-patient at a hospital or similar institution on or before 31July 1995 and has since 31 July 1995 been in continuous receipt of the mobility component of Disability Living Allowance or Scottish Adult Disability Living Allowance, that individual may receive the mobility component of Scottish Adult Disability Living Allowance at the lower rate until such time as paragraph (1) first ceases to apply to them for more than 28 consecutive days.
Paragraph (7) does not apply where on or after 31 July 1996, an individual is detained under Part II or Part III of the Mental Health Act 1983f1, Part 5, 6 or 7 or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003f2 or section 52D or 52M of the Criminal Procedure (Scotland) Act 1995f3.
The 28 days referred to in paragraphs (2) to (4) may comprise two or more separate periods, provided that there is no more than 28 days between each period.
Paragraphs (3) to (5) do not apply where the individual is a resident in a care home, and the full costs of any qualifying services are met—
entirely out of the resources of the individual for whom the qualifying services are provided,
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
entirely out of the resources of another person (other than a local authority) or assistance from a charity.
Annotations
Footnotes
- f1
- f2
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2003 asp 13. Section 136 has been amended by sections 12(2) and 34(2) of the Mental Health (Scotland) Act 2015 (asp 9).
- f3
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1995 c. 46. Sections 52D and 52M were inserted by section 130 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) subject to savings and transitional provisions specified in S.S.I. 2005/452. Section 52D was amended by sections 38(2)(c), 40(2)(a)(i) and (ii) and 40(2)(b) of the Mental Health (Scotland) Act 2015 (asp 9). Section 52M was amended by sections 38(2)(g), 41(2)(a) and 41(2)(b) of the Mental Health (Scotland) Act 2015.