Regulation 12 Amendment of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

The Scottish Adult Disability Living Allowance Regulations are amended in accordance with paragraphs (2) to (8).

For regulation 4(b) (relevant status), substitute—

“(b)

in respect of whom the Scottish Ministers are to make a determination under regulation 47(2) (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) or regulation 47A(2) (individuals in respect of whom Disability Living Allowance is paid before 23 February 2026),”.

In regulation 33 (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 Scottish Adult Disability Living Allowance to that individual are to be suspended until such time as the Scottish Ministers decide to end the suspension in accordance with regulation 37.”.

In regulation 41(1)(c) (when a decrease in level or cessation of entitlement takes effect)—

For regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), substitute—

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

47.

(1)

This regulation applies where—

(a)

an individual becomes resident in Scotland,

(b)

that individual was resident in another part of the United Kingdom,

(c)

that individual was entitled to Disability Living Allowance (“the previous award”) immediately before the date of the move,

(d)

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

(e)

for the purpose of a request under sub-paragraph (d)—

(i)

the full name and date of birth of the 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

(ii)

the request is made to Scottish Ministers within 34 weeks of the date of the move.

(2)

Where paragraph (1) applies to an individual, the Scottish Ministers must make a determination of that individual’s entitlement to Scottish Adult Disability Living Allowance without receiving an application.

(3)

A request under paragraph (1)(d) must be—

(a)

made to the Scottish Ministers in such form, and

(b)

accompanied by such evidence,

as the Scottish Ministers require.

(4)

In making a determination required by paragraph (2), the Scottish Ministers are to use—

(a)

the information provided in the request under paragraph (1)(d), and

(b)

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

(5)

Where, on the basis of a request under paragraph (1)(d), a determination is made that an individual to whom paragraph (1) applies is entitled to Scottish Adult Disability Living Allowance, entitlement to assistance begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(6)

Where the Scottish Ministers are satisfied that there is a good reason why the required data or request under paragraph (1)(d) was submitted after the period described in paragraph (1)(e)(i) or (e)(ii), they may treat the required data as having been submitted, or the application as having been made, within that period.

(7)

Where the required data or request under paragraph (1)(d) was submitted after the period described in paragraph (1)(e)(i) or (e)(ii), the request is to be treated as a request under paragraph 13(1)(a) of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended).

(8)

Where a determination is to be made under paragraph (2) in relation to someone who was under the relevant age on the date of the move, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(9)

The restrictions in paragraph (10) apply to a determination under paragraph (2) where the individual has reached the relevant age on the date of the move.

(10)

The restrictions referred to in paragraph (9) are, where the previous award—

(a)

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—

(i)

may only make an award for the lower rate of that component, and

(ii)

may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(b)

contains a mobility component award for the higher rate, the Scottish Ministers may only award the higher rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(c)

does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the lower or higher rate.

(11)

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 47, insert—

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

47A.

(1)

This regulation applies where—

(a)

an individual, immediately before 23 February 2026—

(i)

was entitled to Disability Living Allowance (“the previous award”), and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 53 and paragraph 5 of schedule 1 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 Disability Living Allowance under the previous award been established prior to 23 February 2026,

(b)

that individual has not had their entitlement transferred or otherwise become entitled to Scottish Adult Disability Living Allowance,

(c)

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

(d)

for the purpose of a request under sub-paragraph (c)—

(i)

the full name and date of birth of the 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 Disability Living Allowance was not transferred to an entitlement to Scottish Adult Disability Living Allowance, and

(ii)

the request is made to Scottish Ministers within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Scottish Adult Disability Living Allowance, and

(e)

that individual is not a person to whom regulation 47(1) applies.

(2)

Where paragraph (1) applies to an individual, the Scottish Ministers must make a determination of that individual’s entitlement to Scottish Adult Disability Living Allowance without receiving an application.

(3)

A request under paragraph (1)(c) must be—

(a)

made to the Scottish Ministers in such form, and

(b)

accompanied by such evidence,

as the Scottish Ministers require.

(4)

In making a determination required by paragraph (2), the Scottish Ministers are to use—

(a)

the information provided in the request under paragraph (1)(c), and

(b)

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

(5)

Where, on the basis of a request under paragraph (1)(c), a determination is made that an individual to whom paragraph (1) applies is entitled to Scottish Adult Disability Living Allowance, entitlement to assistance begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(6)

Where the Scottish Ministers are satisfied that there is a good reason why the required data or request under paragraph (1)(c) was submitted after the period described in paragraph (1)(d)(i) or (d)(ii), they may treat the required data as having been submitted, or the application as having been made, within that period.

(7)

Where the required data or request under paragraph (1)(c) was submitted after the period described in paragraph (1)(d)(i) or (d)(ii), the request is to be treated as a request under paragraph 13 of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended).

(8)

Where a determination is to be made under paragraph (2) in relation to someone who was under the relevant age on 23 February 2026, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(9)

The restrictions in paragraph (10) apply to a determination under paragraph (2) where the individual has reached the relevant age on 23 February 2026.

(10)

The restrictions referred to in paragraph (9) are where the previous award—

(a)

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—

(i)

may only make an award for the lower rate of that component, and

(ii)

may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(b)

contains a mobility component award for the higher rate, the Scottish Ministers may only award the higher rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(c)

does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the lower or higher rate.

(11)

In this regulation and regulation 47B, references to transfer to Scottish Adult Disability Living Allowance are to transfer by virtue of regulation 53 and Part 2 of the schedule of these Regulations, as they applied before 23 February 2026.

Individuals with entitlement to Scottish Adult Disability Living Allowance in respect of whom Disability Living Allowance was paid before 23 February 2026

47B.

(1)

This regulation applies where an individual—

(a)

immediately before 23 February 2026—

(i)

was entitled to Disability Living Allowance (“the previous award”), and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 53 and paragraph 5 of schedule 1 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 Disability Living Allowance under the previous award been established prior to 23 February 2026,

(b)

has not had their entitlement transferred to Scottish Adult Disability Living Allowance,

(c)

has continuing entitlement to Scottish Adult Disability Living Allowance, and

(d)

is not a person to whom regulation 47(1) applies.

(2)

The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where they become aware that paragraph (1) applies to that individual.

(3)

Where a determination is made under paragraph (2) that an individual is entitled to Scottish Adult Disability Living Allowance, entitlement to assistance is to begin on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(4)

Where a determination is to be made under paragraph (2) in relation to someone who was under the relevant age on 23 February 2026, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(5)

The restrictions in paragraph (6) apply to a determination under paragraph (2) where the individual has reached the relevant age on 23 February 2026.

(6)

The restrictions referred to in paragraph (5) are where the previous award referred to in paragraph (1)(a)(i)—

(a)

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—

(i)

may only make an award for the lower rate of that component, and

(ii)

may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(b)

contains a mobility component award for the higher rate, the Scottish Ministers may only award the higher rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

(c)

does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the lower or higher rate.”.

After paragraph 1(1)(a)(ii)(dd) (entitlement to short-term assistance) of schedule 1, insert—

“(ee)

determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under regulation 47A (individuals in respect of whom Disability Living Allowance is paid before 23 February 2026),”.

In paragraph 13 (request for Scottish Adult Disability Allowance when an award of Disability Living Allowance has ended) of schedule 1—