Regulation 29 Amount and form of Scottish Adult Disability Living Allowance

(1)

The weekly rate of payment of the care component is, where the individual is entitled to—

(a)

the lowest rate, £28.70,

(b)

the middle rate, £72.65, or

(c)

the highest rate, £108.55.

(2)

The weekly rate of the mobility component is, where the individual is entitled to—

(a)

the lower rate, £28.70, or

(b)

the higher rate, £75.75.

(3)

Where an individual is entitled to payment of the care component or the mobility component for a period shorter than one week, payment is to be made at one-seventh of the relevant weekly rate, for each day of entitlement.

(4)

For any week where an individual is entitled to—

(a)

the care component of Scottish Adult Disability Living Allowance, and

(b)

payment of an amount in respect of constant attendance under article 14 of the Personal Injuries (Civilians) Scheme 1983^f1, section 104 of the Social Security Contributions and Benefits Act 1992^f2, section 104 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f3, or article 8 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006^f4,

the amount of the care component of Scottish Adult Disability Living Allowance that is to be given to the individual is to be reduced by the amount paid under that section or article, as the case may be.

(5)

For the purpose of calculating the amount of the care component of Scottish Adult Disability Living Allowance that is to be given to the individual in accordance with paragraph (4), where the amount in respect of constant attendance is equal to or greater than the amount of the care component of Scottish Adult Disability Living Allowance, the value of the care component of Scottish Adult Disability Living Allowance that is to be given to the individual is to be £0.

(6)

For any week where an individual is entitled to—

(a)

the mobility component of Scottish Adult Disability Living Allowance, and

(b)

payment of War Pensioners’ Mobility Supplement within the meaning of—

(i)

the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“1983 Order”)^f5,

(ii)

the Personal Injuries (Civilians) Scheme 1983,

(iii)

the 1983 Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964^f6,

(iv)

the Pensions (Polish Forces) Scheme 1964^f7,

(v)

the War Pensions (Mercantile Marine) Scheme 1964^f8, or

(vi)

an Order of Her Majesty in relation to the Home Guard dated 21 December 1964^f9 or 22 December 1964^f10, or in relation to the Ulster Defence Regiment dated 4 January 1971^f11,

the amount of the mobility component of Scottish Adult Disability Living Allowance that is to be given to the individual is to be £0.

(7)

Scottish Adult Disability Living Allowance is only to be given in the form of money, except as provided for by regulation 39 (Form of payment – giving Scottish Adult Disability Living Allowance by way of deduction).

Annotations

Footnotes

f1: S.I. 1983/686. Article 14 was amended by paragraph 3 of schedule 1 of the Personal Injuries (Civilians) Amendment Scheme 2001/420.
f2: 1992 c. 4.
f3: 1992 c. 7.
f4: S.I. 2006/606. Article 8 was amended by article 3(a) and (b) of S.I. 2009/706.
f5: S.I. 1983/883.
f6: S.I. 1964/1985.
f7: S.I. 1964/2007.
f8: S.I. 1964/2058.
f9: Cmnd. 2563, as amended by Cmnd. 5118, S.I. 1989/1335, S.I. 1993/597 and S.I. 1994/771.
f10: Cmnd. 2564, as amended by Cmnd. 5119, S.I. 1989/1335, S.I. 1993/597 and S.I. 1994/771.
f11: Cmnd. 4567, as amended by Cmnd. 5421, S.I. 1988/1843, Cmnd. 5120, S.I. 1993/597 and S.I.1994/773.