The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024

This Order may be cited as the Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024.

This Order comes into force on 21st October 2024.

Part 2 of this Order extends to England and Wales and Scotland.

Part 3 of this Order extends to England and Wales only.

Part 4 of this Order extends to Northern Ireland only.

This Part and Part 5 of this Order extend to England and Wales, Scotland and Northern Ireland.

The Social Security Contributions and Benefits Act 1992^f1 is amended as follows.

In section 64(1A) (attendance allowance), after paragraph (b), insert—

“(c)

pension age disability payment.”.

In section 71(7) (disability living allowance), after “they are entitled to”, insert “pension age disability payment,”.

In section 122(1) (interpretation of Parts 1 to 6 and supplementary provisions), after the definition of “payments by way of occupational or personal pension”, insert—

• ““pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024^f2;”.

In section 150(2) (interpretation of Part 10), in the definition of “attendance allowance”, after paragraph (g), insert—

“(h)

pension age disability payment given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;”.

The Welfare Reform Act 2012^f1 is amended as follows.

In section 77(4) (personal independence payment), after “they are entitled to”, insert “pension age disability payment,”.

In section 95 (interpretation of Part 4), after the definition of “mobility component”, insert—

• ““pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992^f1 is amended as follows.

In section 64(1A) (attendance allowance)—

In section 70(2) (carer’s allowance), omit the “or” at the end of paragraph (db), and after that paragraph insert—

“(dc)

a pension age disability payment by virtue of the Disability Assistance for Older People (Scotland) Regulations 2024 in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies; or”.

In section 71 (disability living allowance), after subsection (6), insert—

“(7)

A person is not entitled to a disability living allowance while the person is entitled to—

(a)

child disability payment,

(b)

adult disability payment, or

(c)

pension age disability payment.”.

In section 121(1) (interpretation of Parts 1 to 6 and supplementary provisions), after the definition of “payments by way of occupational or personal pension”, insert—

• ““pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;”.

The Welfare Reform (Northern Ireland) Order 2015^f1 is amended as follows.

In article 82 (personal independence payment), after paragraph (3), insert—

“(4)

A person is not entitled to personal independence payment while the person is entitled to—

(a)

child disability payment,

(b)

adult disability payment, or

(c)

pension age disability payment.”.

In article 100 (interpretation), insert each of the following definitions at the appropriate place—

• ““adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022^f2;”;

• ““child disability payment” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021^f3;”;

• ““pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;”.

The Inheritance Tax Act 1984^f1 is amended as follows.

In section 74(4) (pre-1981 trusts for disabled persons), at the end of paragraph (c), insert—

“, or

(d)

is in receipt of pension age disability payment which is a category of disability assistance specifically for older people given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018^f2.”.

In section 89A (self-settlement by person expected to fall within the definition of “disabled person”)^f3—

Schedule 1A to the Finance Act 2005^f1 (meaning of “disabled person”) is amended as follows.

In paragraph 1 (“disabled person”), after sub-paragraph (b), insert—

“(ba)

a person in receipt of disability assistance for older people,”.

After paragraph 2 (attendance allowance) insert—

“Disability assistance for older people

2A.

A person is to be treated as a disabled person under paragraph 1(ba) if they satisfy HMRC that they would be entitled to receive disability assistance for older people but for provision made by regulations under section 31 of the SS(S)A 2018 for—

(a)

the cessation of entitlement to disability assistance for older people during periods when that person does not meet the conditions as to residence and presence prescribed by regulations made under that section, or

(b)

the non-satisfaction of eligibility criteria for disability assistance for older people prescribed by regulations made under that section where a person is undergoing treatment for renal failure in hospital, or

(c)

the reduction of the value of a payment of disability assistance for older people prescribed by regulations made under that section to £0 when a person is—

(i)

resident in a care home,

(ii)

undergoing detention in legal custody, or

(iii)

in a hospital or similar institution.”.

In paragraph 8 (interpretation), after the definition of “disability assistance for children and young people”, insert—

• ““disability assistance for older people” means a category of disability assistance specifically for older people,”.