The Disability Assistance for Older People (Scotland) Regulations 2024

Adjustment of payment where medical expenses are paid from public funds under war pensions instrument

26A

• (1) Except where paragraph (2) applies, where—

• (a) an individual is provided with relevant accommodation, and

• (b) there is payable in respect of that individual both—

• (i) a payment under article 21 (medical expenses) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and

• (ii) Pension Age Disability Payment,

the amount of Pension Age Disability Payment is reduced by the amount of the payment mentioned in sub-paragraph (b)(i).

• (2) Paragraph 1 does not apply to an individual in respect of the first 28 days of any period during which the amount of Pension Age Disability Payment would otherwise be adjusted by virtue of paragraph (1).

• (3) The 28 days referred to in paragraph (2)—

• (a) may comprise two or more separate periods, provided that there is no more than 28 days between each period, and

• (b) is reduced by the number of relevant days.

• (4) In this regulation—

• “relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006,

• “relevant day” means a day that falls not earlier than 28 days before the first day on which the individual was provided with relevant accommodation, and either—is a day when the individual was undergoing medical treatment in a hospital or similar institution in the circumstances mentioned in regulation 20(1)(b) (effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment), oris a day when the individual was prevented from receiving Pension Age Disability Payment by virtue of regulation 19(2) (effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment).

When an application is to be treated as made and beginning of entitlement to assistance

Time of payment

Continuing eligibility

Circumstances in which assistance may be suspended

Having regard to financial circumstances

Information to be given following suspension

Right to review suspension

Ending a suspension

Effect of suspension ending

Form of payment – giving Pension Age Disability Payment by way of deduction

When an increase in level of entitlement takes effect

When a decrease in level or cessation of entitlement takes effect