{
  "url": "https://openlegislation.uk/draft-social-security-scotland-act-2018-scottish-adult-disability-living-allowance-consequential-modifications-order-2025/article-7",
  "json_url": "https://openlegislation.uk/draft-social-security-scotland-act-2018-scottish-adult-disability-living-allowance-consequential-modifications-order-2025/article-7.json",
  "legislation": "ukdsi/2025/9780348267778",
  "legislation_title": "The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025",
  "legislation_url": "https://openlegislation.uk/draft-social-security-scotland-act-2018-scottish-adult-disability-living-allowance-consequential-modifications-order-2025",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Amendment of the Inheritance Tax Act 1984",
  "text": "(1) The Inheritance Tax Act 1984 is amended as follows.\n(2) In section 74(4) (pre-1981 trusts for disabled persons), at the end of paragraph (d), insert—\n“, or\n(e) is in receipt of Scottish adult disability living allowance, which is a category of disability assistance specifically for adults which takes the form of a living allowance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018 by virtue of entitlement to the care component at the highest or middle rate.”.\n(3) In section 89A (self-settlement by person expected to fall within the definition of “disabled person”)—\n(a) in subsection (5)(e), after “pension age disability payment”, insert “or Scottish adult disability living allowance”; and\n(b) in subsection (8), after the definition of “pension age disability payment”, insert—\n““Scottish adult disability living allowance” means a category of disability assistance specifically for adults which takes the form of a living allowance,”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1984 c. 51; section 74(4) was relevantly amended by S.I. 2024/1048. Section 89A was added by paragraph 6(1) of Schedule 20 to the Finance Act 2006 (c. 25), and relevantly amended by paragraph 7 of Schedule 44 to the Finance Act 2013 (c. 29), S.I. 2021/886 and S.I. 2024/1048."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2018 asp 9."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348267778/article/7",
    "retrieved_at": "2026-10-30T14:39:49.645343+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}