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Paragraph 8 Effect of transfer determination on entitlement to Disability Living Allowance

Original text. Later amendments are not shown.

(1)

Where a transfer determination is made that the transferring individual is entitled to Scottish Adult Disability Living Allowance, the transferring individual’s entitlement to Disability Living Allowance will cease—

(a)

on the date their entitlement to Scottish Adult Disability Living Allowance begins,

(b)

where a transferring individual was paid Disability Living Allowance one week in advance and 3 weekly in arrears, on the date one week after the date their entitlement to Scottish Adult Disability Living Allowance begins, or

(c)

where paragraph 9 (exceptions to paragraph 7(5)) applies, on the date their entitlement to Scottish Adult Disability Living Allowance would have begun had paragraph 9(4) not applied to set an earlier date of entitlement.

(2)

Where sub-paragraph (1)(b) applies—

(a)

section 71(7) (disability living allowance) of the Social Security Contributions and Benefits Act 1992f1, and

(b)

regulation 5(c) of these Regulations (entitlement to other benefits),

do not apply in respect of the first week of entitlement to Scottish Adult Disability Living Allowance.

Annotations

Footnotes

f1

1992 c. 4. Section 71 was relevantly amended by S.I. 2021/804 and S.I. 2022/335.