The Disability Assistance for Working Age People (Scotland) Regulations 2022

• (b) the value of the Scottish Adult Disability Living Allowance to which that individual was previously entitled between the date identified in accordance with sub-paragraph (1) and the date on which their entitlement to Adult Disability Payment began under the interim determination.

• (3) Where paragraph (1) applies, regulation 45 (when an increase in level of entitlement takes effect) does not apply.

When a decrease in level or cessation of entitlement takes effect

15I

• (1) Where an individual’s entitlement to Adult Disability Payment is determined in the review determination to be at a lower rate than, or the same rate as awarded by, the interim determination, entitlement under the review determination will take effect on the date that the Scottish Ministers make the review determination.

• (2) Where sub-paragraph (1) applies, regulation 46 (when a decrease in level or cessation of entitlement takes effect) does not apply.

Modification of these Regulations: interim determinations

15J

These Regulations apply to an individual on and after the date of the interim determination with the following modifications—

• (a) regulation 3(3) (overview) is to be read as if—

• (i) for “2 weekly rates of the daily living component” there were substituted “3 weekly rates of the daily living component”, and

• (ii) after “(amount and form of Adult Disability Payment)” there were inserted “and paragraph 15C of schedule 2”,

• (b) regulation 5 (daily living component) is to be read as if—

• (i) in paragraph (1) after “the enhanced rate” there were inserted “or, where the individual has been awarded the daily living component under an interim determination as defined in paragraph 15A(2) of schedule 2, at the transitional rate,

• (ii) after paragraph (3) there were inserted—

(3A) An individual is entitled to the daily living component at the transitional rate where paragraph 15B(2)(a) of schedule 2 applies to the individual.

, and

• (iii) after paragraph (4)(c) there were inserted—

(d) “the transitional rate” in relation to the daily living component means the weekly rate of the daily living component set in paragraph 15C(1) of schedule 2,

• (c) regulations 35 (when an application is to be treated as made and beginning of entitlement to assistance) and 36 (time of payment) are treated as omitted.

Individuals in respect of whom Personal Independence Payment was paid before 6 November 2025

52A

• (1) This regulation applies where an individual—

• (a) immediately before 6 November 2025—

• (i) was entitled to Personal Independence Payment (“the previous award”), and

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 60 and paragraph 7 of schedule 2 as they applied before 6 November 2025, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Personal Independence Payment under the previous award been established prior to 6 November 2025,

• (b) has not had their entitlement transferred to or otherwise become entitled to Adult Disability Payment, and

• (c) is not a person to whom regulation 52(1) applies.

• (2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Adult Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

• (3) Where, for the purpose of an application for Adult Disability Payment—

• (a) the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Personal Independence Payment was not transferred to an entitlement to Adult Disability Payment, and

• (b) an application is made within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Personal Independence Payment was not transferred to an entitlement to Adult Disability Payment,

entitlement begins on the day on which the individual’s entitlement to Personal Independence Payment ceased.

• (4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Adult Disability Payment begins in accordance with regulation 35(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

• (5) Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

• (6) The restrictions in paragraph (7) apply where the Scottish Ministers are under a duty to make a determination in relation to an application by an individual to whom this regulation applies where that individual is over the relevant age as defined in regulation 22(2) on 6 November 2025.

• (7) The restrictions referred to in paragraph (6) are, where the previous award—

• (a) contains a mobility component award for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Scottish Ministers—

• (i) may only make an award for the standard rate of that component, and

• (ii) may only make such an award where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

• (b) contains a mobility component award for the enhanced rate, the Scottish Ministers may only award the enhanced rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the previous award was given,

• (c) does not contain an award of the mobility component, the Scottish Ministers may not award that component at either the standard or enhanced rate.

• (8) In this regulation and regulation 52B, references to transfer to Adult Disability Payment are to transfer by virtue of regulation 60 and Part 3 of schedule 2, as they applied before 6 November 2025.

Individuals with entitlement to Adult Disability Payment in respect of whom Personal Independence Payment was paid before 6 November 2025

52B

• (1) This regulation applies where an individual—

• (a) immediately before 6 November 2025—

• (i) was entitled to Personal Independence Payment, and

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 60 and paragraph 7 of schedule 2 as they applied before 6 November 2025, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Personal Independence Payment referenced in head (i) been established prior to 6 November 2025,

• (b) has not had their entitlement transferred to Adult Disability Payment,

• (c) has continuing entitlement to Adult Disability Payment, and

• (d) is not a person to whom regulation 52(1) applies.

• (2) The Scottish Ministers must make a determination of an individual’s entitlement to Adult Disability Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.

• (3) Where a determination is made under paragraph (2) that an individual is entitled to Adult Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Personal Independence Payment ceased.

Individuals in respect of whom Adult Disability Payment is paid at the time of moving to another part of the United Kingdom