Paragraph 1 Entitlement to short-term assistance
Subject to sub-paragraphs (5) and (6), an individual who is, or was, entitled to Scottish Adult Disability Living Allowance under a determination made on the basis that the individual has ongoing entitlement is entitled to short-term assistance where—
that determination of the individual’s entitlement to Scottish Adult Disability Living Allowance (“the earlier determination”) has been superseded by—
a determination under section 37 (duty to make determination) of the 2018 Act, or
if the earlier determination is a—
transfer determination under paragraph 7 of schedule 1 (determination without application of entitlement to Scottish Adult Disability Living Allowance),
determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under paragraph 12 of schedule 1 (reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year),
determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under paragraph 13 of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended),
determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under regulation 47 (individuals to whom Disability Living Allowance is paid before moving to Scotland),
a determination under section 43 (duty to re-determine) or section 49 (First-tier Tribunal’s power to determine entitlement) of the 2018 Act,
as a result of—
the earlier determination being superseded as mentioned in sub-paragraph (1)(a), or
a later determination under section 43 or section 49 of the 2018 Act in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates,
the individual—
is no longer entitled to Scottish Adult Disability Living Allowance, or
is entitled to less Scottish Adult Disability Living Allowance than they were under the earlier determination,
the individual’s entitlement to Scottish Adult Disability Living Allowance is under review within the meaning of—
paragraph 1(2) of schedule 10 of the 2018 Act, or
sub-paragraph (2), and
the individual—
continues to meet the conditions as to residence and presence set out in Part 4 or
has transferred to become resident in another part of the United Kingdom, and the matter under review is the determination of entitlement for the 13-week period beginning in accordance with regulation 48 (individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom).
An individual’s entitlement to Scottish Adult Disability Living Allowance is under review in terms of sub-paragraph (1)(c)(ii) if—
a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014f1 (“the 2014 Act”), and
the First-tier Tribunal for Scotland decide not to uphold a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance in an appeal under section 46 of the 2018 Act and the First-tier Tribunal for Scotland are to make a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance under section 49 of the 2018 Act.
Where—
an individual’s entitlement to Scottish Adult Disability Living Allowance is set aside after a review in terms of sub-paragraph (2)(a), and
the individual had previously been awarded short-term assistance on the basis that their entitlement to Scottish Adult Disability Living Allowance was under review by the First-tier Tribunal prior to it making the decision that has been set aside,
the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.
Where—
the First-tier Tribunal for Scotland set aside a decision by the Scottish Ministers not to accept a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance under the determination mentioned in sub-paragraph (1)(a)(i), and
the Scottish Ministers had previously determined, pursuant to an application made by the individual, that the individual was not entitled to short-term assistance on the basis that the determination referred to in sub-paragraph (1)(a)(i) was not under review,
the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.
An individual is not entitled to short-term assistance where the individual is no longer entitled to Scottish Adult Disability Living Allowance as a result of a subsequent determination made under regulation 43(b) (determination following change of circumstances etc.).
An individual to whom regulation 22(2) (effect of admission to a care home on ongoing entitlement to Scottish Adult Disability Living Allowance), regulation 23(2) (effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance), regulation 25(3) (effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance), or regulation 27(4) or (6) (entitlement beginning while in alternative accommodation) applies is not entitled to short-term assistance in respect of Scottish Adult Disability Living Allowance for which the value is to be £0 under those regulations.
Where the Scottish Ministers have made a determination under section 37 of the 2018 Act (duty to make determination) that an individual is entitled to short-term assistance, entitlement to short-term assistance begins—
where a request is made under section 41 of the 2018 Act (right to request re-determination) for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates, on the day that request is made,
where a notice of appeal is submitted under section 47 of the 2018 Act (initiating an appeal) against a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, on the day that request is made,
where a decision of the Scottish Ministers is made not to accept a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates, on the day that decision is set aside by the First-tier Tribunal for Scotland,
where a request is made under section 48(1)(b) of the 2018 Act (deadline for appealing) for permission to appeal a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, on the day that request is made, or
where a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after a review under section 43(2) of the 2014 Act (review of decisions) and the First-tier Tribunal for Scotland are to make a decision about the individual’s entitlement to Scottish Adult Disability Living Allowance under section 49 of the 2018 Act, on the day that the decision is set aside.
Regulation 49 (periods in respect of a re-determination request) applies to short-term assistance in the same way as it applies to Scottish Adult Disability Living Allowance.
In this Part of the schedule “the earlier determination” has the meaning given in sub-paragraph (1)(a).
Annotations
Footnotes
- f1