Paragraph 12 Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year

(1)

The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—

(a)

an individual makes a request for a determination of their entitlement to Scottish Adult Disability Living Allowance, and

(b)

the individual had a previous award of Scottish Adult Disability Living Allowance which ended not more than one year before the date on which the request was made.

(2)

A request under sub-paragraph (1)(a) must be—

(a)

made to the Scottish Ministers in such form, and

(b)

accompanied by such evidence,

as the Scottish Ministers require.

(3)

In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a)

the information provided in the request for entitlement to be reinstated,

(b)

any information they have obtained in connection with the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(c)

any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(4)

The Scottish Ministers may only make an award of a component of Scottish Adult Disability Living Allowance under this paragraph if the entitlement results from substantially the same condition or conditions in respect of which the relevant component of Scottish Adult Disability Living Allowance was previously given.

(5)

The duty on the Scottish Ministers to make a determination without application mentioned in sub-paragraph (1) does not apply where—

(a)

the Scottish Ministers are considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance,

(b)

the individual has made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance ending the individual’s entitlement and the appeal has not yet been determined,

(c)

during the period between the end of the award mentioned in sub-paragraph (1)(a) and the date of determination required by sub-paragraph (2)—

(i)

the Scottish Ministers have determined the individual’s entitlement to Adult Disability Payment under the Disability Assistance for Working Age People (Scotland) Regulations 2022^f1, or

(ii)

the Scottish Ministers have determined the individual’s entitlement to Pension Age Disability Payment under the Disability Assistance for Older People (Scotland) Regulations 2024^f2.

(6)

In relation to a determination under sub-paragraph (1), the period referred to within, as the case may be—

(a)

regulation 6(2)(a) (care component criterion: lowest, middle or highest rate care component),

(b)

regulation 6(3),

(c)

regulation 7(4)(a) (mobility requirements: lower rate mobility component), or

(d)

regulation 8(11)(a) (mobility requirements: higher rate mobility component),

is to be taken to be the period, of the relevant number of weeks referred to in that particular regulation, immediately preceding the day on which the individual’s previous award of Scottish Adult Disability Living Allowance ended.

(7)

Where a determination is to be made under this paragraph in relation to someone who was under the relevant age when their award referred to in sub-paragraph (1)(b) ended, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(8)

The restrictions in sub-paragraph (9) apply in relation to the determination referred to in sub-paragraph (1) where the individual has reached the relevant age before the start of the period referred to in sub-paragraph (1)(b).

(9)

The restrictions referred to in sub-paragraph (8) are—

(a)

where the previous award referred to in sub-paragraph (1)(b) contains a mobility component award for the lower rate then, regardless of whether the award would otherwise have been for the higher rate, the Scottish Ministers may only make an award for the lower rate of that component,

(b)

where the previous award referred to in sub-paragraph (1)(b) does not include an award of the mobility component, the Scottish Ministers may not award that component at either the higher or lower rate.

(10)

Where an award is made under this paragraph, entitlement will begin on the date the individual made the request under sub-paragraph (1)(a).

Annotations

Footnotes

f1: S.S.I. 2022/54. Relevant amending instruments are S.S.I. 2022/217 and S.S.I. 2023/346.
f2: S.S.I. 2024/166.