Article 13 Amendment of the Employment and Support Allowance Regulations 2008

(1)

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “remunerative work”, insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(3)

In regulation 18 (circumstances in which the condition that the claimant is not receiving education does not apply), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(4)

In regulation 158 (meaning of “person in hardship”)—

(a)

in paragraphs (3)(c) and (3)(d)(ii), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(b)

in paragraph (7)—

(i)

omit the “or” after sub-paragraph (a);

(ii)

after sub-paragraph (b), insert—

“; or

(c)

the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.”.

(5)

In Schedule 4 (amounts)—

(a)

after paragraph 4(2)(b), insert—

“(ba)

the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(b)

in paragraph 6—

(i)

in sub-paragraphs (2)(a)(i), (2)(b)(i), (2)(b)(ii), and (4)(a) after “adult disability payment”, in each place it appears, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(ii)

after sub-paragraph (5)(e), insert—

“;

(f)

as being in receipt of Scottish adult disability living allowance if the person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be so in receipt.”;

(c)

after paragraph 7(1)(b), insert—

“(ba)

the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations in respect of—

(i)

the claimant; or

(ii)

the claimant's partner (if any) who is aged less than the qualifying age for state pension credit;”.

(6)

In Schedule 6 (housing costs)—

(a)

in paragraph 15(11)(b), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(b)

in paragraph 19—

(i)

after sub-paragraph (6)(b)(iia), insert—

“(iib)

the care component of Scottish adult disability living allowance;”;

(ii)

in sub-paragraph (8)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

Annotations

Footnotes

f1: S.I. 2008/794; relevant amending instruments are S.I. 2008/2428, 2011/2425, 2011/2428, 2013/388, 2013/591, 2021/786, 2022/177, 2023/1218 and 2024/919.