# The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025, Article 29: Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008


(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended as follows.
(2) In regulation 2 (interpretation), after the definition of “residential care home”, 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 sub-paragraphs (3)(c) and (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) at the end of sub-paragraph (b), insert—
“; or
(c) the care component of Scottish adult disability living allowance at the highest or middle rate provided for in regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.”.
(5) In Schedule 4 (amounts)—
(a) in paragraph 4(2), after head (ba), insert—
“(bb) 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(2)(a)(i), (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”;
(c) in paragraph 6(2)(b)(i), after “daily living component”, insert “, the daily living component of adult disability payment, 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”;
(d) in paragraph 6(5), after head (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.”;
(e) in paragraph 7(1), after head (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”.

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Source: https://www.legislation.gov.uk/uksi/2025/227/article/29 (the official version)
Page: https://openlegislation.uk/social-security-scotland-act-2018-disability-assistance-consequential-amendments-order-2025/article-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.