Article 5 Amendment of the Income Support (General) Regulations 1987

(1)

The Income Support (General) Regulations 1987^f1 are amended as follows.

(2)

In regulation 2(1) (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^f2;”.

(3)

In paragraph 4(a) of Schedule 1B (prescribed categories of person)—

(a)

in paragraph (i), after “Contributions and Benefits Act”, 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”;

(b)

in paragraph (iii), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(4)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 7(2), after “Social Security Act”, 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”;

(b)

in paragraph 10(1)(b)(i), for “or (e)” substitute “, (e) or (f)”;

(c)

in paragraph 11(1)(b)—

(i)

in sub-paragraph (i), for “or (d)” substitute “, (d) or (f)”;

(ii)

in sub-paragraph (ii), for “or (e)” substitute “, (e) or (f)”;

(d)

in paragraph 12(1)—

(i)

in paragraph (a)(i), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(ii)

after paragraph (e), insert—

“; or

(f)

except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of Scottish adult disability living allowance—

(i)

but no amount is payable in accordance with regulation 23 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance), and

(ii)

a higher pensioner premium or disability premium has been applicable to the claimant.”;

(e)

in paragraph 13—

(i)

in sub-paragraphs (2)(a)(i), (2)(b)(i) and (3)(a), after “Social Security Act”, 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 (3A)(e), insert—

“;

(f)

as being in receipt of 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, if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.”;

(f)

in paragraph 13A(1ZA), after paragraph (ba), insert—

“(bb)

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 to that person at the highest rate in accordance with regulation 6(4) of those Regulations;”.

(5)

In paragraph 18 of Schedule 3 (housing costs)—

(a)

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

“(iib)

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

(b)

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

(6)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 6, after “disability living allowance”, insert “, the mobility component of Scottish adult disability living allowance”;

(b)

in paragraph 9, after “disability living allowance”, insert “, the care component of Scottish adult disability living allowance”.

Annotations

Footnotes

f1: S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1990/1776, 1991/2742, 1993/518, 1993/1150, 1994/2139, 1995/482, 1995/1613, 1995/2927, 1996/206, 1996/1517, 2000/681, 2000/2629, 2002/2497, 2002/3019, 2003/455, 2003/1121, 2003/2379, 2007/719, 2008/3157, 2009/1488, 2013/388, 2013/591, 2021/786, 2022/177, 2023/1218 and 2024/919.
f2: S.S.I. 2025/3.