Regulation 11 Amendment of the Disability Assistance for Older People (Scotland) Regulations 2024

The Pension Age Disability Payment Regulations are amended in accordance with paragraphs (2) to (9).

In regulation 2 (interpretation), in the definition of “relevant EU Regulation”, for paragraph (b) substitute—

“(b)

in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of

(i)

the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974^f1, or

(ii)

the Social Security (Gibraltar) Order 2024^f2,

applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018^f3,”.

In regulation 13(c)(i) (persons residing in the United Kingdom to whom a relevant EU regulation applies)—

In regulation 14(2)(a)(i) (persons residing outside the United Kingdom to whom a relevant EU regulation applies)—

In regulation 27 (when an application is to be treated as made and beginning of entitlement to assistance), in paragraph (3), after “application” insert “(other than where regulation 44 or 44A applies)”.

In regulation 30 (circumstances in which assistance may be suspended), for paragraph (2), substitute—

“(2)

Where such a decision is made in respect of an individual, payments of Pension Age Disability Payment to that individual are to be suspended until such time as the Scottish Ministers decide to end the suspension in accordance with regulation 34.”.

In regulation 38(1)(b) (when a decrease in level or cessation of entitlement takes effect)—

For regulation 44 (individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), substitute—

“Individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

44.

(1)

This regulation applies where an individual—

(a)

becomes resident in Scotland,

(b)

was resident in another part of the United Kingdom, and

(c)

was entitled to Attendance Allowance immediately before the date of the move.

(2)

Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Pension Age Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3)

 Where, for the purpose of an application for Pension Age Disability Payment—

(a)

the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date of the move, and

(b)

an application is made within 34 weeks of the date of the move,

entitlement begins on the day after the day on which the individual’s entitlement to Attendance Allowance ceased.

(4)

Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Pension Age Disability Payment begins in accordance with regulation 27(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

(5)

Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

(6)

In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).”.

After regulation 44, insert—

“Individuals in respect of whom Attendance Allowance was paid before 23 February 2026

44A.

(1)

This regulation applies where an individual—

(a)

immediately before 23 February 2026—

(i)

was entitled to Attendance Allowance, and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 49 and paragraph 7 of the schedule as they applied before 23 February 2026, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Attendance Allowance referenced in head (i) been established prior to 23 February 2026,

(b)

has not had their entitlement transferred or otherwise become entitled to Pension Age Disability Payment, and

(c)

is not a person to whom regulation 44(1) applies.

(2)

Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Pension Age Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3)

Where, for the purpose of an application for Pension Age Disability Payment—

(a)

the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Attendance Allowance was not transferred to an entitlement to Pension Age Disability Payment, and

(b)

an application is made within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Attendance Allowance was not transferred to an entitlement to Pension Age Disability Payment,

entitlement begins on the day on which the individual’s entitlement to Attendance Allowance ceased.

(4)

Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Pension Age Disability Payment begins in accordance with regulation 27(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

(5)

Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

(6)

In this regulation and regulation 44B, references to transfer to Pension Age Disability Payment are to transfer by virtue of regulation 49 and Part 3 of the schedule of these Regulations, as they applied before 23 February 2026.

Individuals with entitlement to Pension Age Disability Payment in respect of whom Attendance Allowance was paid before 23 February 2026

44B.

(1)

This regulation applies where an individual—

(a)

immediately before 23 February 2026—

(i)

was entitled to Attendance Allowance, and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 49 and paragraph 7 of the schedule as they applied before 23 February 2026, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Attendance Allowance referenced in head (i) been established prior to 23 February 2026,

(b)

has not had their entitlement transferred to Pension Age Disability Payment,

(c)

has continuing entitlement to Pension Age Disability Payment, and

(d)

is not a person to whom regulation 44(1) applies.

(2)

The Scottish Ministers must make a determination of an individual’s entitlement to Pension Age Disability Payment, without receiving an application, where they become aware that the individual is an individual to whom paragraph (1) applies.

(3)

Where a determination is made under paragraph (2) that the individual is entitled to Pension Age Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Attendance Allowance ceased.”.