Paragraph 6 Notice of intention to transfer to Scottish Adult Disability Living Allowance
The Scottish Ministers are to notify each relevant individual of their intention to transfer that individual’s entitlement to disability assistance from an entitlement to Disability Living Allowance to an entitlement to Scottish Adult Disability Living Allowance.
Notice under sub-paragraph (1) must—
be given in a way that leaves the relevant individual with a record of the information which they can show to, or otherwise share with, others,
inform the relevant individual that—
they have been identified as a relevant individual for the purposes of transfer to Scottish Adult Disability Living Allowance,
the Scottish Ministers will make a determination, without receiving an application, to transfer the individual’s entitlement to Disability Living Allowance to an entitlement to Scottish Adult Disability Living Allowance within a period to be specified within the notice (the individual will be notified when the determination is made and informed about their award and start date of Scottish Adult Disability Living Allowance), and
the individual’s award of Disability Living Allowance will cease—
immediately before the award of Scottish Adult Disability Living Allowance begins, or
where a transferring individual was paid Disability Living Allowance one week in advance and 3 weekly in arrears, the date one week after the date their entitlement to Scottish Adult Disability Living Allowance begins.
Where notice under sub-paragraph (1) is given—
to a transferring individual who, before a transfer determination is made under paragraph 7(1), ceases to be ordinarily resident in Scotland, or
in error where the individual is neither—
ordinarily resident in Scotland, nor
an individual who is habitually resident in an EEA state, Gibraltar or Switzerland and has a genuine and sufficient link to Scotland,
the duty on the Scottish Ministers in paragraph 7(1) does not apply.
Where sub-paragraph (3) applies in respect of an individual and a determination under paragraph 7(1) has not been made, the Scottish Ministers are to notify the individual that the duty on the Scottish Ministers in paragraph 7(1) does not apply.