Regulation 17 Revocation and savings provisions – the Disability Assistance for Older People (Scotland) Regulations 2024

(1)

Except where paragraphs (2) to (6) apply, the following provisions of the Pension Age Disability Payment Regulations are revoked—

(a)

regulation 40(c) and (d) (determination following change of circumstances etc.),

(b)

regulation 48 (initial period for applications),

(c)

regulation 49 (transfer from Attendance Allowance to Pension Age Disability Payment),

(d)

regulation 50 (transitory provision – initial period for applications),

(e)

regulation 51 (exclusion to transitory provision),

(f)

paragraph 1(1)(a)(ii)(bb) and (cc) of the schedule (entitlement to short-term assistance),

(g)

Part 2 of the schedule (initial period for applications), and

(h)

Part 3 of the schedule (transfer from Attendance Allowance to Pension Age Disability Payment).

(2)

Despite the revocations in paragraph (1) the provisions of the Pension Age Disability Payment Regulations mentioned in paragraph (3) continue to have effect on and after 23 February 2026 for any individual on whom, prior to 23 February 2026, the Scottish Ministers have served a notice of intention to transfer to Pension Age Disability Payment under paragraph 8 of the schedule of those Regulations.

(3)

The provisions referred to in paragraph (2) are—

(a)

regulation 40(c),

(b)

regulation 49,

(c)

paragraph 1(1)(a)(ii)(bb) of the schedule , and

(d)

Part 3 of the schedule.

(4)

Despite the amendment made by regulation 11(7) of these Regulations to the Pension Age Disability Payment Regulations, where, prior to 6 November 2025 the Scottish Ministers have made a decision to suspend the individual’s Pension Age Disability Payment in accordance with regulation 30(1) and (3)(a) of those Regulations, regulation 38(1)(b) of those Regulations applies as it did prior to 6 November 2025.

(5)

Despite the revocations at paragraph (1), and substitution by regulation 11(8) of these Regulations, where, prior to 23 February 2026—

(a)

an individual becomes resident in Scotland, and

(b)

the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Pension Age Disability Payment Regulations mentioned in paragraph (6) apply as they did prior to 23 February 2026.

(6)

The provisions referred to in paragraph (5) are—

(a)

regulation 40(d),

(b)

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

(c)

paragraph 1(1)(a)(ii)(cc) of the schedule.