{
  "url": "https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/schedule-1/paragraph-11",
  "json_url": "https://openlegislation.uk/draft-disability-assistance-scottish-adult-disability-living-allowance-regulations-2025/schedule-1/paragraph-11.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": "schedule/1/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Appointees",
  "text": "(1) A person appointed by the Secretary of State for Work and Pensions under regulation 33 (persons unable to act) of the Social Security (Claims and Payments) Regulations 1987 to receive Disability Living Allowance on behalf of a transferring individual is to be treated on and after the date of transfer as though appointed by the Scottish Ministers to act on behalf of that individual under section 85B (appointment of person to act in other circumstances) of the 2018 Act.\n(2) As soon as reasonably practicable after the date of transfer, the Scottish Ministers must—\n(a) consider whether the conditions for making an appointment in respect of the individual are met (having regard to section 85B(3) of the 2018 Act),\n(b) consider whether to terminate the appointment that is treated as having been made by virtue of sub-paragraph (1) and terminate it if they consider it appropriate, and\n(c) if they have terminated an appointment in pursuance of head (b), appoint under section 85B of the 2018 Act another person to act on the individual’s behalf if they consider it appropriate to do so.\n(3) The duty in sub-paragraph (2) does not apply where the Scottish Ministers have already appointed the person mentioned in sub-paragraph (1) to act on behalf of that individual under section 85B of the 2018 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/1968."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 85B was inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111061145/schedule/1/paragraph/11",
    "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."
}