Regulation 33 Circumstances in which assistance may be suspended

(1)

The Scottish Ministers may decide that an individual who has an ongoing entitlement to Scottish Adult Disability Living Allowance in respect of a period by virtue of regulation 32 (continuing eligibility) is not to become entitled to be given some or all of either component or both components of that assistance at the time at which the individual otherwise would in accordance with that regulation, as read with regulation 31 (time of payment) (referred to in these Regulations as a decision to suspend the individual’s Scottish Adult Disability Living Allowance).

(2)

Where such a decision is made in respect of an individual, payments of Scottish Adult Disability Living Allowance to that individual are to be suspended until such a time as the Scottish Ministers decide that the individual is once again to become entitled to be given Scottish Adult Disability Living Allowance.

(3)

The Scottish Ministers may decide to suspend an individual’s Scottish Adult Disability Living Allowance only in the circumstances where—

(a)

section 54(1A) of the 2018 Act^f1 applies, or

(b)

the Scottish Ministers have made arrangements (whether under section 85B of the 2018 Act^f2 or otherwise) for a person to receive the Scottish Adult Disability Living Allowance on the individual’s behalf, and the Scottish Ministers consider that it is necessary to suspend the Scottish Adult Disability Living Allowance—

(i)

in order to protect the individual from the risk of financial abuse, or

(ii)

because the person with whom the Scottish Ministers have made arrangements is unable to continue to receive the Scottish Adult Disability Living Allowance.

(4)

In this regulation, “financial abuse” includes—

(a)

having money or other property stolen,

(b)

being defrauded,

(c)

being put under pressure in relation to money or other property,

(d)

having money or other property misused.

Annotations

Footnotes

f1: Section 54(1A) was inserted by section 12(3)(b) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).
f2: Section 85B was inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).