{
  "url": "https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-41",
  "json_url": "https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-41.json",
  "legislation": "sdsi/2025/9780111061145",
  "legislation_title": "The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025",
  "path": "regulation/41",
  "kind": "regulation",
  "number": "41",
  "heading": "When a decrease in level or cessation of entitlement takes effect",
  "text": "(1) Where, as a result of determination without an application, the amount of Scottish Adult Disability Living Allowance payable in respect of an individual is decreased or their entitlement to a component is ceased, the change takes effect—\n(a) in the case of a decrease pursuant to a determination made under regulation 43(c) or 43(d) (determination following change of circumstance etc.), on the day after the day on which Disability Living Allowance ceased to be paid in respect of the individual,\n(b) in the case of a determination without application under regulation 43(b), on the date of the individual’s death,\n(c) in the case of a determination without application under regulation 42 (consideration of entitlement after specified period) or 43(a), on the date—\n(i) where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—\n(aa) knowingly fails to notify a change, or\n(bb) fails to notify the change as soon as reasonably practicable after it occurred,\nthe individual should have notified the Scottish Ministers of the change, or\n(ii) in any other case, the Scottish Ministers make the determination,\n(d) in the case of an earlier determination which was based on official error within the meaning of regulation 44 (determination following official error – underpayments) or on error within the meaning of regulation 45 (determination following error – overpayments), on the date when the earlier determination took effect,\n(e) in any other case, on the date when the Scottish Ministers make the determination.\n(2) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of paragraph (1)(a), (c), (d) or (e).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/41",
    "retrieved_at": "2026-10-30T15:29:01.653438+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}