# The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, Regulation 32: Continuing Eligibility


(1) Subject to paragraphs (3) and (4), a determination that an individual is entitled to Scottish Adult Disability Living Allowance in respect of a period is to be made on the basis that the individual has an ongoing entitlement to Scottish Adult Disability Living Allowance after the end of that period, except where paragraph (2) applies.
(2) This paragraph applies where, after the end of the period mentioned in paragraph (1), the individual no longer satisfies the eligibility rules.
(3) A determination of ongoing entitlement is made on the basis that—
(a) the individual will continue to be entitled to Scottish Adult Disability Living Allowance for a fixed or indefinite period as specified in the notice of determination, and
(b) the decision that the individual is entitled to Scottish Adult Disability Living Allowance for each subsequent 4-week period is to be taken in accordance with these Regulations, on the strength of the assumptions set out in paragraph (4).
(4) The assumptions are that—
(a) the individual continues to satisfy the eligibility criteria which were satisfied to be entitled to Scottish Adult Disability Living Allowance under the determination mentioned in paragraph (1),
(b) the information on which the determination mentioned in paragraph (1) was made still applies and is relevant in the individual’s case, and
(c) there is no change in circumstances of the individual which would require to be notified under section 56 (duty to notify change of circumstances) of the 2018 Act.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/32 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

