# The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, Regulation 6: Care component criterion: lowest, middle or highest rate care component


(1) An individual satisfies the care component criterion in respect of any period throughout which at least one of the following conditions is satisfied—
(a) the individual is so severely disabled physically or mentally that they require in connection with their bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods),
(b) the individual is so severely disabled physically or mentally that they cannot prepare a cooked main meal for themselves if they have the ingredients,
(c) the individual is so severely disabled physically or mentally that they require from another person—
(i) frequent attention throughout the day in connection with their bodily functions, or
(ii) continual supervision throughout the day in order to avoid substantial danger to the individual or others, or
(d) the individual is so severely disabled physically or mentally that they require—
(i) prolonged or repeated attention from another person at night in connection with their bodily functions, or
(ii) another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over the individual at night in order to avoid substantial danger to the individual or others.
(2) An individual who satisfies at least one of the conditions for the care component criterion in paragraph (1) before reaching the relevant age is not entitled to the care component unless—
(a) throughout the period of 13 weeks immediately preceding the date on which the award of that component would begin, the individual has satisfied or is likely to satisfy at least one of the conditions mentioned in paragraph (1), and
(b) the individual is likely to continue to satisfy at least one of those conditions throughout the period of 26 weeks beginning with that date.
(3) An individual who satisfies at least one of the conditions for the care component criterion in paragraph (1) after reaching the relevant age, where they did not satisfy that criterion before reaching the relevant age, is not entitled to the care component unless throughout the period of 26 weeks immediately preceding the date on which the award of that component would begin, the individual has satisfied or is likely to satisfy at least one of the conditions mentioned in paragraph (1).
(4) The amount of the care component that an individual is entitled to be given for each week in the period for which they are awarded that component is—
(a) the highest rate (see regulation 29(1)(c) (amount and form of Scottish Adult Disability Living Allowance)), if the individual satisfies both of the conditions mentioned in paragraph (1)(c) and (d)—
(i) throughout both the period mentioned in paragraph (2)(a) and the period mentioned in paragraph (2)(b) if the individual satisfied or was likely to satisfy both the conditions mentioned in paragraph (1)(c) and (d) before reaching the relevant age,
(ii) throughout the period mentioned in paragraph (3) if the individual only satisfied those conditions after reaching the relevant age,
(b) the middle rate (see regulation 29(1)(b)), if the individual satisfies one of the conditions mentioned in paragraph (1)(c) or (d)—
(i) throughout both the period mentioned in paragraph (2)(a) and the period mentioned in paragraph (2)(b) if the individual satisfied or was likely to satisfy that condition before reaching the relevant age,
(ii) throughout the period mentioned in paragraph (3) if the individual only satisfied that condition after reaching the relevant age,
(c) except where paragraph 5 applies, in any other case, the lowest rate (see regulation 29(1)(a)).
(5) Where an individual has reached the relevant age and would otherwise be entitled to the lowest rate of the care component under paragraph (4)(c), they are not entitled to that rate unless immediately before they reached the relevant age, they satisfied and continue to satisfy the condition mentioned in paragraph (1)(a) or the condition mentioned in paragraph (1)(b).
(6) For the purposes of paragraph (1), the individual does not satisfy paragraph (1)(a), paragraph (1)(c)(i) or paragraph (1)(d)(i) unless the attention the individual requires from another person is required to be given in the physical presence of the individual.
(7) In this regulation—
“attention” means the provision of personal care, prompting or motivation in relation to bodily functions or assistance with communication needs,
“day” and “night” are to be construed in relation to the ordinary domestic routine of the household in which the individual lives,
“supervision” means the continual presence of another person for the purpose of reducing the real risk of harm to the individual and to others.
(8) In this regulation and regulations 7 and 8, “require” means reasonably require and cognate expressions are to be construed accordingly.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061145/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.