Regulation 46 Determination to effect a deduction decision

(1)

The Scottish Ministers are to make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where the circumstances in paragraphs (2) and (3) apply.

(2)

This paragraph applies where—

(a)

regulation 39 (form of payment – giving Scottish Adult Disability Living Allowance by way of deduction) allows Scottish Adult Disability Living Allowance to be given to the individual by way of deduction, or

(b)

Scottish Adult Disability Living Allowance is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.

(3)

This paragraph applies where the Scottish Ministers have decided to—

(a)

vary the amount of Scottish Adult Disability Living Allowance to be given by way of deduction (including introducing a deduction, where the full amount of Scottish Adult Disability Living Allowance was previously given as money),

(b)

vary any period for which the individual’s Scottish Adult Disability Living Allowance is to be given by way of deduction, that may have been specified in a previous determination of the individual’s entitlement, or

(c)

cease making deductions, and instead give the individual’s Scottish Adult Disability Living Allowance in the form of money.

(4)

The Scottish Ministers are to make a determination, without receiving an application, where an individual who is receiving Scottish Adult Disability Living Allowance by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—

(a)

withdraws their agreement to their Scottish Adult Disability Living Allowance being given by way of deduction,

(b)

wishes the Scottish Ministers to increase the amount of their Scottish Adult Disability Living Allowance that is given by way of deduction,

(c)

wishes the Scottish Ministers to decrease the amount of their Scottish Adult Disability Living Allowance that is given by way of deduction (including ceasing the deduction), or

(d)

wishes the Scottish Ministers to amend the length of any period referred to in paragraph (3)(b).