Regulation 9 Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022

The Adult Disability Payment Regulations are amended in accordance with paragraphs (2) to (10).

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

In regulation 20(2)(a)(i) (persons residing outside the United Kingdom to whom a relevant EU regulation applies)—

In regulation 24 (persons who have reached the relevant age: other exceptions)—

In regulation 35(3) (when an application is to be treated as made and beginning of entitlement to assistance), after “regulation” insert “52, 52A,”.

In regulation 38 (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 Adult 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 42.”.

In regulation 46(1)(b) (when a decrease in level or cessation of entitlement takes effect)—

For regulation 52 (individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland), substitute—

“Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland

52.

(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 Personal Independence Payment (“the previous award”) 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 Adult Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3)

Where, for the purpose of an application for Adult 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 on which the individual’s entitlement to Personal Independence Payment 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 Adult Disability Payment begins in accordance with regulation 35(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)

The restrictions in paragraph (7) apply where the Scottish Ministers are under a duty to make a determination in relation to an application by an individual to whom this regulation applies where that individual is over the relevant age as defined in regulation 22(2) on the date of the move.

(7)

 The restrictions referred to in paragraph (6) are, where the previous award—

(a)

contains a mobility component award for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—

(i)

may only make an award for the standard 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 enhanced rate, the Scottish Ministers may only award the enhanced 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 standard or enhanced rate.

(8)

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 52, insert—

“Individuals in respect of whom Personal Independence Payment was paid before 6 November 2025

52A.

(1)

This regulation applies where an individual—

(a)

immediately before 6 November 2025—

(i)

was entitled to Personal Independence Payment (“the previous award”), and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 60 and paragraph 7 of schedule 2 as they applied before 6 November 2025, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Personal Independence Payment under the previous award been established prior to 6 November 2025,

(b)

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

(c)

is not a person to whom regulation 52(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 Adult Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3)

Where, for the purpose of an application for Adult 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 Personal Independence Payment was not transferred to an entitlement to Adult 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 Personal Independence Payment was not transferred to an entitlement to Adult Disability Payment,

entitlement begins on the day on which the individual’s entitlement to Personal Independence Payment 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 Adult Disability Payment begins in accordance with regulation 35(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)

 The restrictions in paragraph (7) apply where the Scottish Ministers are under a duty to make a determination in relation to an application by an individual to whom this regulation applies where that individual is over the relevant age as defined in regulation 22(2) on 6 November 2025.

(7)

The restrictions referred to in paragraph (6) are, where the previous award—

(a)

contains a mobility component award for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—

(i)

may only make an award for the standard 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 enhanced rate, the Scottish Ministers may only award the enhanced 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 standard or enhanced rate.

(8)

In this regulation and regulation 52B, references to transfer to Adult Disability Payment are to transfer by virtue of regulation 60 and Part 3 of schedule 2, as they applied before 6 November 2025.

Individuals with entitlement to Adult Disability Payment in respect of whom Personal Independence Payment was paid before 6 November 2025

52B.

(1)

This regulation applies where an individual—

(a)

immediately before 6 November 2025—

(i)

was entitled to Personal Independence Payment, and

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 60 and paragraph 7 of schedule 2 as they applied before 6 November 2025, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Personal Independence Payment referenced in head (i) been established prior to 6 November 2025,

(b)

has not had their entitlement transferred to Adult Disability Payment,

(c)

has continuing entitlement to Adult Disability Payment, and

(d)

is not a person to whom regulation 52(1) applies.

(2)

The Scottish Ministers must make a determination of an individual’s entitlement to Adult Disability Payment, 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 Adult Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Personal Independence Payment ceased.”.