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The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

Type Scottish-Statutory-Instrument

Publication 2025-01-09

Last updated 2026-02-23

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(2) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set an earlier date for the purposes of paragraph (1)(b), (c), (d) or (e).

(3) This regulation does not apply to an individual to whom regulation 20 (entitlement under special rules for terminal illness) applies.

(4) Where an individual has previously received Scottish Adult Disability Living Allowance or Disability Living Allowance for a period and a determination without application has subsequently been made that the individual is entitled to Scottish Adult Disability Living Allowance at a higher rate for that period, the individual will be entitled to the difference between the value of entitlement to Scottish Adult Disability Living Allowance under the subsequent determination and the value of Scottish Adult Disability Living Allowance or Disability Living Allowance to which that individual was previously entitled for that period.

(5) Where the transferring individual has received Scottish Adult Disability Living Allowance and Disability Living Allowance for the same period in the circumstances described in paragraph 8(1)(b) of schedule 1 (effect of transfer determination on entitlement to Disability Living Allowance), any Disability Living Allowance payable to the transferring individual for that period is to be disregarded for the purposes of paragraph (4).

(6) Where paragraph (4) applies, for the period between the date when the individual’s entitlement to a higher rate of Scottish Adult Disability Living Allowance begins and the date of the determination under regulations 42 to 46, regulation 5 (entitlement to other benefits) and section 71(7) (disability living allowance) of the Social Security Contributions and Benefits Act 1992[^f00081], are treated as omitted.

When a decrease in level or cessation of entitlement takes effect

41

(1) Where, as a result of determination without an application, the amount of Scottish Adult Disability Living Allowance payable in respect of an individual is decreased or their entitlement to a component is ceased, the change takes effect—

(a) in the case of a decrease pursuant to a determination made under regulation 43(c) or 43(d) (determination following change of circumstance etc.), on the day after the day on which Disability Living Allowance ceased to be paid in respect of the individual,

(b) in the case of a determination without application under regulation 43(b), on the date of the individual’s death,

(c) in the case of a determination without application under regulation 42 (consideration of entitlement after specified period) or 43(a), on the date—

(i) where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—

(aa) knowingly fails to notify a change, or

(bb) fails to notify the change as soon as reasonably practicable after it occurred,

the individual should have notified the Scottish Ministers of the change, ...

(ia) where the Scottish Ministers have—

(aa) made a decision to suspend the individual’s Scottish Adult Disability Living Allowance in terms of regulation 33(1) and (3)(a), and

(bb) subsequently made the determination on the basis that the eligibility rules for Scottish Adult Disability Living Allowance are not satisfied, as provided for by section 54(2) of the 2018 Act,

the individual’s Scottish Adult Disability Living Allowance was suspended, or

(ii) in any other case, the Scottish Ministers make the determination,

(d) in the case of an earlier determination which was based on official error within the meaning of regulation 44 (determination following official error – underpayments) or on error within the meaning of regulation 45 (determination following error – overpayments), on the date when the earlier determination took effect,

(e) in any other case, on the date when the Scottish Ministers make the determination.

(2) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of paragraph (1)(a), (c), (d) or (e).

PART 9 — Determination of entitlement to Scottish Adult Disability Living Allowance without application

Consideration of entitlement after specified period

42

The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, after the end of the period specified (if any) in—

(a) the individual’s notice of determination under section 40 or notice of re-determination under section 44 (as the case may be), or

(b) a determination made by the First-tier Tribunal for Scotland under section 49,

of the 2018 Act.

Determination following change of circumstance etc.

43

The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where the individual has an ongoing entitlement to Scottish Adult Disability Living Allowance and they become aware—

(a) of a change of circumstances, whether or not notified by the individual in accordance with section 56 of the 2018 Act, or where the Scottish Ministers become aware that a determination of an individual’s entitlement was made in ignorance of a material fact, which would possibly result in an alteration to the component or rate of Scottish Adult Disability Living Allowance payable to the individual or which is likely to mean that the individual is no longer entitled to Scottish Adult Disability Living Allowance,

(b) that the individual has died,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination following official error – underpayments

44

(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—

(a) they have previously made a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance (“the original determination”),

(b) they establish that, due to an official error, the original determination was incorrect resulting in the individual—

(i) not being given an award of Scottish Adult Disability Living Allowance, or

(ii) being given a lower award than that,

to which the individual was entitled,

(c) the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(d) the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(2) In making a determination required by paragraph (1) the Scottish Ministers are to use—

(a) the information which led to the original determination,

(b) any other information they have obtained in connection with the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(c) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(3) In this regulation, “official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone else.

Determination following error – overpayments

45

(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—

(a) they have previously made a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance (“the original determination”),

(b) they establish that, due to an error, the original determination was incorrect resulting in the individual being given—

(i) an award of Scottish Adult Disability Living Allowance to which the individual was not entitled, or

(ii) a higher award than that to which the individual was entitled,

(c) the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(d) the individual has not made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance, that has not yet been determined.

(2) In making a determination required by paragraph (1) the Scottish Ministers are to use—

(a) the information which led to the original determination,

(b) any other information they have obtained in connection with the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(c) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(3) In this regulation references to an “error” are to—

(a) an error in the performance of a function conferred by these Regulations or the 2018 Act, including a determination being made—

(i) wrongly, or

(ii) correctly but on the basis of—

(aa) incorrect information, or

(bb) an assumption which proves to be wrong, or

(b) a new determination having not been made after an assumption on the basis of which an earlier determination was made has proven to be wrong.

Determination to effect a deduction decision

46

(1) The Scottish Ministers are to make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where the circumstances in paragraphs (2) and (3) apply.

(2) This paragraph applies where—

(a) regulation 39 (form of payment – giving Scottish Adult Disability Living Allowance by way of deduction) allows Scottish Adult Disability Living Allowance to be given to the individual by way of deduction, or

(b) Scottish Adult Disability Living Allowance is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.

(3) This paragraph applies where the Scottish Ministers have decided to—

(a) vary the amount of Scottish Adult Disability Living Allowance to be given by way of deduction (including introducing a deduction, where the full amount of Scottish Adult Disability Living Allowance was previously given as money),

(b) vary any period for which the individual’s Scottish Adult Disability Living Allowance is to be given by way of deduction, that may have been specified in a previous determination of the individual’s entitlement, or

(c) cease making deductions, and instead give the individual’s Scottish Adult Disability Living Allowance in the form of money.

(4) The Scottish Ministers are to make a determination, without receiving an application, where an individual who is receiving Scottish Adult Disability Living Allowance by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—

(a) withdraws their agreement to their Scottish Adult Disability Living Allowance being given by way of deduction,

(b) wishes the Scottish Ministers to increase the amount of their Scottish Adult Disability Living Allowance that is given by way of deduction,

(c) wishes the Scottish Ministers to decrease the amount of their Scottish Adult Disability Living Allowance that is given by way of deduction (including ceasing the deduction), or

(d) wishes the Scottish Ministers to amend the length of any period referred to in paragraph (3)(b).

PART 10 — Movement of individuals between Scotland and the rest of the UK

Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

47

(1) This regulation applies where—

(a) an individual becomes resident in Scotland,

(b) that individual was resident in another part of the United Kingdom,

(c) that individual was entitled to Disability Living Allowance (“the previous award”) immediately before the date of the move,

(d) that individual makes a request for a determination of their entitlement to Scottish Adult Disability Living Allowance, and

(e) for the purpose of a request under sub-paragraph (d)—

(i) the full name and date of birth of the individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date of the move, and

(ii) the request is made to Scottish Ministers within 34 weeks of the date of the move.

(2) Where paragraph (1) applies to an individual, the Scottish Ministers must make a determination of that individual’s entitlement to Scottish Adult Disability Living Allowance without receiving an application.

(3) A request under paragraph (1)(d) must be—

(a) made to the Scottish Ministers in such form, and

(b) accompanied by such evidence,

as the Scottish Ministers require.

(4) In making a determination required by paragraph (2), the Scottish Ministers are to use—

(a) the information provided in the request under paragraph (1)(d), and

(b) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(5) Where, on the basis of a request under paragraph (1)(d), a determination is made that an individual to whom paragraph (1) applies is entitled to Scottish Adult Disability Living Allowance, entitlement to assistance begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(6) Where the Scottish Ministers are satisfied that there is a good reason why the required data or request under paragraph (1)(d) was submitted after the period described in paragraph (1)(e)(i) or (e)(ii), they may treat the required data as having been submitted, or the application as having been made, within that period.

(7) Where the required data or request under paragraph (1)(d) was submitted after the period described in paragraph (1)(e)(i) or (e)(ii), the request is to be treated as a request under paragraph 13(1)(a) of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended).

(8) Where a determination is to be made under paragraph (2) in relation to someone who was under the relevant age on the date of the move, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(9) The restrictions in paragraph (10) apply to a determination under paragraph (2) where the individual has reached the relevant age on the date of the move.

(10) The restrictions referred to in paragraph (9) are, where the previous award—

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

(i) may only make an award for the lower 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 higher rate, the Scottish Ministers may only award the higher 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 lower or higher rate.

(11) In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).

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

48

(1) Where the Scottish Ministers become aware that an individual who is entitled to Scottish Adult Disability Living Allowance has moved or is to move to become resident in another part of the United Kingdom, the individual is to be treated as though the individual meets the condition under regulation 10(1)(a) (residence and presence conditions) of being ordinarily resident in Scotland for a period of 13 weeks beginning in accordance with paragraph (4).

(2) Subject to Part 7 (effect of time spent in care homes, hospital and legal detention), where the Scottish Ministers become aware that an individual has moved or is to move to another part of the United Kingdom as mentioned in paragraph (1), they are to make a determination without application at the end of the 13 week period mentioned in paragraph (1) that the individual’s entitlement to Scottish Adult Disability Living Allowance is to terminate.

(3) Where, before the end of the 13-week period, the Scottish Ministers become aware that the individual is no longer to move to become resident in another part of the United Kingdom, the duty in paragraph (2) does not apply.

(4) The 13-week period mentioned in paragraph (1) begins on the date the individual ceases to be ordinarily resident in Scotland.

(5) On the day after the 13-week period specified in paragraph (4) ends—

(a) entitlement to Scottish Adult Disability Living Allowance ceases, and

(b) regulation 45 (determination following error – overpayments) applies to any Scottish Adult Disability Living Allowance paid to an individual in relation to a period after the end of that 13-week period.

PART 11 — Periods in respect of a re-determination request

Periods in respect of a re-determination request

49

(1) The period for requesting a re-determination of entitlement to Scottish Adult Disability Living Allowance under section 41 of the 2018 Act (right to request re-determination) is 42 days beginning with the day that the individual is informed, in accordance with section 40 of the 2018 Act (notice of determination), of the right to make the request.

(2) In relation to determining entitlement to Scottish Adult Disability Living Allowance, the period allowed for re-determination (within the meaning of section 43 of the 2018 Act (duty to re-determine)) is 56 days beginning with—

(a) the day that the request for a re-determination is received by the Scottish Ministers,

(b) in a case where the request for a re-determination is received by the Scottish Ministers outwith the period prescribed in paragraph (1), the day on which it is decided by the Scottish Ministers or (as the case may be) the First-tier Tribunal for Scotland that the individual in question has a good reason for not requesting a re-determination sooner, or

(c) in a case where the Scottish Ministers have informed the individual of their decision that the request for re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-Tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require.

PART 12 — Provision of vehicles

Payment of mobility component to authorised providers of vehicles for individuals with disabilities

50

(1) Where—

(a) an individual is entitled to the higher rate of the mobility component of Scottish Adult Disability Living Allowance, and

(b) the individual has entered into an agreement with an authorised provider of vehicles for persons with disabilities for the hire or hire-purchase of a vehicle,

the Scottish Ministers may, with the consent of the individual, pay that component (in whole or in part) to the provider to be used to meet, or contribute towards meeting, the individual’s liability under the agreement.

(2) The Scottish Ministers must cease to make payments in accordance with paragraph (1) in the event that—

(a) the agreement is brought to an end in accordance with the terms of the agreement, or

(b) the individual withdraws their consent.

Vehicles for persons with disabilities – powers of appointees

51

(1) Where a person (“an appointee”) is appointed by the Scottish Ministers under the 2018 Act to act on an individual’s behalf in connection with the determination of the individual’s entitlement to assistance under section 24 (duty to give assistance) of the 2018 Act, in addition to the powers conferred on the appointee by that Act the appointee can, on behalf of the individual—

(a) enter into an agreement with an authorised provider of vehicles for the hire or hire-purchase of a vehicle,

(b) terminate any such agreement,

(c) for the purpose of regulation 50(1) (payment to authorised providers of vehicles), give consent to the Scottish Ministers to pay (in whole or in part) the mobility component to which the individual is entitled to the provider, and

(d) withdraw any such consent.

(2) An appointee may exercise the powers conferred by paragraphs (1)(b) and (d) whether the agreement was entered into, or the consent given, by the appointee or by any other person.

PART 13 — Short-term assistance

Entitlement to short-term assistance

52

Part 1 of schedule 1 makes provision about short-term assistance.

PART 14 — Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 15 — Reinstatement of entitlement within a year

Reinstatement of entitlement within a year

54

Part 3 of schedule 1 makes provision about reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year.

PART 16 — Consequential Amendment

Consequential amendment

55

The amendment specified in Part 1 of schedule 2 has effect.

PART 17 — Miscellaneous amendments

Miscellaneous amendments

56

The amendments specified in Part 2 of schedule 2 have effect.

SCHEDULE 1

PART 1 — Short-term assistance

Entitlement to short-term assistance

1

(1) Subject to sub-paragraphs (5) and (6), an individual who is, or was, entitled to Scottish Adult Disability Living Allowance under a determination made on the basis that the individual has ongoing entitlement is entitled to short-term assistance where—

(a) that determination of the individual’s entitlement to Scottish Adult Disability Living Allowance (“the earlier determination”) has been superseded by—

(i) a determination under section 37 (duty to make determination) of the 2018 Act, or

(ii) if the earlier determination is a—

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb) determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under paragraph 12 of schedule 1 (reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year),

(cc) determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under paragraph 13 of schedule 1 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended),

(dd) determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under regulation 47 (individuals to whom Disability Living Allowance is paid before moving to Scotland),

(ee) determination without application of an individual’s entitlement to Scottish Adult Disability Living Allowance under regulation 47A (individuals in respect of whom Disability Living Allowance is paid before 23 February 2026),

a determination under section 43 (duty to re-determine) or section 49 (First-tier Tribunal’s power to determine entitlement) of the 2018 Act,

(b) as a result of—

(i) the earlier determination being superseded as mentioned in sub-paragraph (1)(a), or

(ii) a later determination under section 43 or section 49 of the 2018 Act in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates,

the individual—

(iii) is no longer entitled to Scottish Adult Disability Living Allowance, or

(iv) is entitled to less Scottish Adult Disability Living Allowance than they were under the earlier determination,

(i) paragraph 1(2) of schedule 10 of the 2018 Act, or

(ii) sub-paragraph (2), and

(d) the individual—

(i) continues to meet the conditions as to residence and presence set out in Part 4 or

(ii) has transferred to become resident in another part of the United Kingdom, and the matter under review is the determination of entitlement for the 13-week period beginning in accordance with regulation 48 (individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom).

(2) An individual’s entitlement to Scottish Adult Disability Living Allowance is under review in terms of sub-paragraph (1)(c)(ii) if—

(a) a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014[^f00085] (“the 2014 Act”), and

(b) the First-tier Tribunal for Scotland decide not to uphold a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance in an appeal under section 46 of the 2018 Act and the First-tier Tribunal for Scotland are to make a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance under section 49 of the 2018 Act.

(3) Where—

(a) an individual’s entitlement to Scottish Adult Disability Living Allowance is set aside after a review in terms of sub-paragraph (2)(a), and

(b) the individual had previously been awarded short-term assistance on the basis that their entitlement to Scottish Adult Disability Living Allowance was under review by the First-tier Tribunal prior to it making the decision that has been set aside,

the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.

(4) Where—

(a) the First-tier Tribunal for Scotland set aside a decision by the Scottish Ministers not to accept a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance under the determination mentioned in sub-paragraph (1)(a)(i), and

(b) the Scottish Ministers had previously determined, pursuant to an application made by the individual, that the individual was not entitled to short-term assistance on the basis that the determination referred to in sub-paragraph (1)(a)(i) was not under review,

the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.

(5) An individual is not entitled to short-term assistance where the individual is no longer entitled to Scottish Adult Disability Living Allowance as a result of a subsequent determination made under regulation 43(b) (determination following change of circumstances etc.).

(6) An individual to whom regulation 22(2) (effect of admission to a care home on ongoing entitlement to Scottish Adult Disability Living Allowance), regulation 23(2) (effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance), regulation 25(3) (effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance), or regulation 27(4) or (6) (entitlement beginning while in alternative accommodation) applies is not entitled to short-term assistance in respect of Scottish Adult Disability Living Allowance for which the value is to be £0 under those regulations.

(7) Where the Scottish Ministers have made a determination under section 37 of the 2018 Act (duty to make determination) that an individual is entitled to short-term assistance, entitlement to short-term assistance begins—

(a) where a request is made under section 41 of the 2018 Act (right to request re-determination) for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates, on the day that request is made,

(b) where a notice of appeal is submitted under section 47 of the 2018 Act (initiating an appeal) against a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, on the day that request is made,

(c) where a decision of the Scottish Ministers is made not to accept a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates, on the day that decision is set aside by the First-tier Tribunal for Scotland,

(d) where a request is made under section 48(1)(b) of the 2018 Act (deadline for appealing) for permission to appeal a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, on the day that request is made, or

(e) where a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to a determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after a review under section 43(2) of the 2014 Act (review of decisions) and the First-tier Tribunal for Scotland are to make a decision about the individual’s entitlement to Scottish Adult Disability Living Allowance under section 49 of the 2018 Act, on the day that the decision is set aside.

(8) Regulation 49 (periods in respect of a re-determination request) applies to short-term assistance in the same way as it applies to Scottish Adult Disability Living Allowance.

(9) In this Part of the schedule “the earlier determination” has the meaning given in sub-paragraph (1)(a).

Value and form

2

(1) The value of short-term assistance payable for any period is equal to V1-V2 where—

(a) V1 is the value of the Scottish Adult Disability Living Allowance the individual would have been given in respect of the period under the earlier determination had the earlier determination not been superseded, and

(b) V2 is the value of the Scottish Adult Disability Living Allowance that the individual is to be given in respect of the period under what is, at the time the individual becomes eligible for short-term assistance in respect of the period, the most recent determination of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(2) The form in which the short-term assistance is to be given is to be the same as the form in which Scottish Adult Disability Living Allowance was given under the earlier determination.

(3) Where the mobility component was being paid by the Scottish Ministers to an authorised provider of vehicles for persons with disabilities in accordance with regulation 50(1) (payment of mobility component to authorised provided of vehicles for individuals with disabilities) on the day before an individual’s entitlement to the mobility component ended as a result of a subsequent determination mentioned in paragraph 1(1)(a)—

(a) the amount of short-term assistance that is payable in respect of the mobility component may be paid by the Scottish Ministers to the authorised provider, and

(b) paragraphs (1) and (2) of regulation 50 apply to the payment of short-term assistance as they had applied to the payment of mobility component prior to the individual’s entitlement ending.

(4) Regulations 39 (form of payment - giving Scottish Adult Disability Living Allowance by way of deduction), 44 (determination following official error – underpayments), 45 (determination following error – overpayments) and 46 (determination to effect a deduction decision) apply to short-term assistance in the same way as they apply to Scottish Adult Disability Living Allowance.

End of entitlement

3

(1) When an individual’s entitlement to short-term assistance is to end under paragraph (2), the Scottish Ministers are to make a determination without application.

(2) Entitlement to short-term assistance ends on the day—

(a) a determination of an individual’s entitlement to short-term assistance is cancelled under section 26(2) of the 2018 Act (individual’s right to stop receiving assistance),

(b) a re-determination of an individual’s entitlement to Scottish Adult Disability Living Allowance is made by the Scottish Ministers under section 43 of the 2018 Act (duty to re-determine),

(c) the First-tier Tribunal for Scotland makes a determination under section 49 of the 2018 Act (First-tier Tribunal’s power to determine entitlement) in relation to the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in paragraph 1(1)(a)(i) or the earlier determination mentioned in paragraph 1(1)(a)(ii) relates,

(d) that the First-tier Tribunal for Scotland makes a determination to refuse permission under section 48(1)(b) of the 2018 Act (deadline for appealing) to bring an appeal against the determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in paragraph 1(1)(a)(i) or the earlier determination mentioned in paragraph 1(1)(a)(ii) relates, or

(e) where the individual withdraws their application to bring an appeal against the determination of the individual’s entitlement to Scottish Adult Disability Living Allowance for the period to which the determination mentioned in paragraph 1(1)(a)(i) or the earlier determination mentioned in paragraph 1(1)(a)(ii) relates, on that day.

Reduction of Scottish Adult Disability Living Allowance where short-term assistance has been paid

4

Where an individual has received short-term assistance for a period and a determination is subsequently made that the individual is entitled to Scottish Adult Disability Living Allowance for the same period, any payment of Scottish Adult Disability Living Allowance to be made as a result of the subsequent determination for that period—

(a) where the individual is to be paid Scottish Adult Disability Living Allowance at the same rate as or a lower rate than any short-term assistance and any Scottish Adult Disability Living Allowance already paid to that individual for that period, is to be reduced to £0, and

(b) in any other case, is to be reduced by any short-term assistance and any Scottish Adult Disability Living Allowance already paid to that individual for that period.

PART 2 — Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

Relevant individuals

5

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Notice of intention to transfer to Scottish Adult Disability Living Allowance

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination without application of entitlement to Scottish Adult Disability Living Allowance

7

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Effect of transfer determination on entitlement to Disability Living Allowance

8

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Exceptions to paragraph 7(5)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review determinations

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointees

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Reinstatement of entitlement within a year

Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year

12

(1) The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—

(a) an individual makes a request for a determination of their entitlement to Scottish Adult Disability Living Allowance, and

(b) the individual had a previous award of Scottish Adult Disability Living Allowance which ended not more than one year before the date on which the request was made.

(2) A request under sub-paragraph (1)(a) must be—

(a) made to the Scottish Ministers in such form, and

(b) accompanied by such evidence,

as the Scottish Ministers require.

(3) In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a) the information provided in the request for entitlement to be reinstated,

(b) any information they have obtained in connection with the individual’s entitlement to Scottish Adult Disability Living Allowance, and

(c) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(4) The Scottish Ministers may only make an award of a component of Scottish Adult Disability Living Allowance under this paragraph if the entitlement results from substantially the same condition or conditions in respect of which the relevant component of Scottish Adult Disability Living Allowance was previously given.

(5) The duty on the Scottish Ministers to make a determination without application mentioned in sub-paragraph (1) does not apply where—

(a) the Scottish Ministers are considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance,

(b) the individual has made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance ending the individual’s entitlement and the appeal has not yet been determined,

(c) during the period between the end of the award mentioned in sub-paragraph (1)(a) and the date of determination required by sub-paragraph (2)—

(i) the Scottish Ministers have determined the individual’s entitlement to Adult Disability Payment under the Disability Assistance for Working Age People (Scotland) Regulations 2022[^f00092], or

(ii) the Scottish Ministers have determined the individual’s entitlement to Pension Age Disability Payment under the Disability Assistance for Older People (Scotland) Regulations 2024[^f00093].

(6) In relation to a determination under sub-paragraph (1), the period referred to within, as the case may be—

(a) regulation 6(2)(a) (care component criterion: lowest, middle or highest rate care component),

(b) regulation 6(3),

(d) regulation 8(11)(a) (mobility requirements: higher rate mobility component),

is to be taken to be the period, of the relevant number of weeks referred to in that particular regulation, immediately preceding the day on which the individual’s previous award of Scottish Adult Disability Living Allowance ended.

(7) Where a determination is to be made under this paragraph in relation to someone who was under the relevant age when their award referred to in sub-paragraph (1)(b) ended, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(8) The restrictions in sub-paragraph (9) apply in relation to the determination referred to in sub-paragraph (1) where the individual has reached the relevant age before the start of the period referred to in sub-paragraph (1)(b).

(9) The restrictions referred to in sub-paragraph (8) are—

(a) where the previous award referred to in sub-paragraph (1)(b) contains a mobility component award for the lower rate then, regardless of whether the award would otherwise have been for the higher rate, the Scottish Ministers may only make an award for the lower rate of that component,

(b) where the previous award referred to in sub-paragraph (1)(b) does not include an award of the mobility component, the Scottish Ministers may not award that component at either the higher or lower rate.

(10) Where an award is made under this paragraph, entitlement will begin on the date the individual made the request under sub-paragraph (1)(a).

Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended

13

(1) The Scottish Ministers must make a determination of an individual’s entitlement to Scottish Adult Disability Living Allowance, without receiving an application, where—

(a) an individual makes a request for a determination of their entitlement to Scottish Adult Disability Living Allowance,

(b) the individual has a previous award of Disability Living Allowance—

(i) which ended not more than one year before the date on which the request was made, and

(ii) that is not the subject of a challenge raised under—

(aa) regulation 3 (revision of decisions) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”)[^f00094],

(bb) regulation 6 (supersession of decisions) of the 1999 Regulations,

(cc) section 12 (appeal to First-tier Tribunal) of the Social Security Act 1998 (“the 1998 Act”)[^f00095],

(dd) section 13 (redetermination etc. of appeals by tribunal) of the 1998 Act,

(ee) section 14 (appeal from First-tier Tribunal to Upper Tribunal) of the 1998 Act,

(ff) article 10 (revision of decisions) of the Social Security (Northern Ireland) Order 1998[^f00096] (“the 1998 Order”),

(gg) article 11 (decisions superseding earlier decisions) of the 1998 Order,

(hh) article 13 (appeal to appeal tribunal) of the 1998 Order, or

(ii) article 15 (appeal from tribunal to commissioner) of the 1998 Order.

(2) A request under sub-paragraph (1)(a) must be—

(a) made to the Scottish Ministers in such form, and

(b) accompanied by such evidence,

as the Scottish Ministers require.

(3) In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a) the information provided in the request for entitlement, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any other information available to them that is relevant to their consideration of the individual’s entitlement to Scottish Adult Disability Living Allowance.

(4) The Scottish Ministers may only make an award of a component of Scottish Adult Disability Living Allowance under this regulation if the entitlement results from substantially the same condition or conditions in respect of which the relevant component of Disability Living Allowance was previously given.

(5) The duty on the Scottish Ministers to make a determination without application mentioned in sub-paragraph (1) does not apply where—

(a) the Scottish Ministers are considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance,

(b) the individual has made an appeal to the First-tier Tribunal for Scotland or Upper Tribunal against the Scottish Ministers’ determination of the individual’s entitlement to Scottish Adult Disability Living Allowance ending the individual’s entitlement and the appeal has not yet been determined,

(c) the individual’s entitlement to Disability Living Allowance has ended in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013[^f00097] or regulation 7(1) (effect of determination on entitlement to Disability Living Allowance) of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendments) (Scotland) Regulations 2022[^f00098],

(d) during the period between the end of the award mentioned in sub-paragraph (1)(b) and the date of determination required by sub-paragraph (1)—

(i) the Scottish Ministers have determined the individual’s entitlement to Adult Disability Payment under the Disability Assistance for Working Age People (Scotland) Regulations 2022[^f00099],

(ii) the Scottish Ministers have determined the individual’s entitlement to Pension Age Disability Payment under the Disability Assistance for Older People (Scotland) Regulations 2024[^f00100], or

(iii) the Scottish Ministers have determined the individual’s entitlement to Scottish Adult Disability Living Allowance under Part 2 of schedule 1 of these Regulations.

(6) In relation to a determination under sub-paragraph (1), the period referred to within—

(a) regulation 6(2)(a) (care component criterion: lowest, middle or highest rate care component),

(b) regulation 6(3),

(d) regulation (8)(11)(a) (mobility requirements: higher rate mobility component),

(7) Where a determination is to be made under this paragraph in relation to someone who was under the relevant age when their award referred to in sub-paragraph (1)(b) ended, the individual is to be treated as under the relevant age for the purposes of regulation 6.

(8) The restrictions in sub-paragraph (9) apply in relation to the determination referred to in sub-paragraph (1) where the individual has reached the relevant age before the start of the period referred to in sub-paragraph (1)(b)(i).

(9) The restrictions referred to in sub-paragraph 8 are—

(a) where the previous award referred to in sub-paragraph (1)(b) contains a mobility component award for the lower rate then, regardless of whether the award would otherwise have been for the higher rate, the Scottish Ministers may only make an award for the lower rate of that component,

(b) where the previous award referred to in sub-paragraph (1)(b) does not include an award of the mobility component, the Scottish Ministers may not award that component at either the higher or lower rate.

(10) Where an award is made under this paragraph, entitlement will begin on the date the individual made the request under sub-paragraph (1)(a).

(11) This paragraph does not apply where regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) or 47A (individuals in respect of whom Disability Living Allowance is paid before 23 February 2026) applies.

SCHEDULE 2

PART 1 — Consequential amendment

1

(1) The Social Security Contributions and Benefits Act 1992[^f00101] is amended in accordance with paragraph (2).

(2) In section 70(2) (carer’s allowance), after “pension age disability payment” insert “or scottish adult disability living allowance by virtue of entitlement to the care component at the highest or middle rate”.

PART 2 — Miscellaneous amendments

2

(1) The Disability Assistance for Working Age People (Scotland) Regulations 2022[^f00102] are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “Attendance Allowance”, for the words “under section 64 of the Social Security Contributions and Benefits Act 1992” substitute—

under— section 64 of the Social Security Contributions and Benefits Act 1992[^f00103], or section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00104]

(3) In regulation 24 (persons who have reached the relevant age: other exceptions)—

(a) At the end of paragraph (c) omit “or”, and

(b) after paragraph (d) insert—

, or (e) are an individual to whom Part 3A of schedule 2 applies

(4) In regulation 34 (amount of and form of Adult Disability Payment), in paragraph (4)(b)—

(a) after “attendance under”, insert “article 14 of the Personal Injuries (Civilians) Scheme 1983[^f00105],”, and

(b) after “the Social Security Contributions and Benefits Act 1992,” insert “section 104 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or article 8 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006,”.

(5) After regulation 34, insert—

(34A) the amount of the daily living component of Adult Disability Payment is reduced by the amount of the payment mentioned in sub-paragraph (b)(i). (1) Except where paragraph (2) applies, where (a) an individual is provided with relevant accommodation, and (b) there are 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[^f00106], and (ii) the daily living component of Adult Disability Payment, (2) Paragraph (1) does not apply to an individual in respect of the first 28 days of any period during which the amount of the daily living component of Adult 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 28(1)(b) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment), or is a day when the individual was prevented from receiving the daily living component of Adult Disability Payment by virtue of regulation 27(2) (effect of admission to a care home on ongoing entitlement to daily living component).

(6) In regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance), in paragraph (3), for “applies” substitute “or paragraph 15A(1) of schedule 2 apply”.

(7) In regulation 45 (when an increase in level of entitlement takes effect) in paragraph (1)(a)—

(a) for “48(d) or 48(e)” substitute “48(d), 48(e) or 48(f)”,

(b) for “or Disability Living Allowance” substitute “, Disability Living Allowance or Scottish Adult Disability Living Allowance”.

(8) In regulation 48 (determination following change of circumstances etc.) after paragraph (e) insert—

, (f) of an alteration of the component or rate of award of Scottish Adult Disability Living Allowance which the individual was entitled to immediately before the date on which the individual’s entitlement to Adult Disability Payment begins in accordance with Part 3A of schedule 2, as a result of— (i) a re-determination under section 43 (duty to re-determine) of the 2018 Act, (ii) a determination under section 49 (First-tier Tribunal’s power to determine entitlement) of the 2018 Act, or (iii) a decision pursuant to an appeal to the Upper Tribunal under section 47 of the Tribunals (Scotland) Act 2014[^f00107].

(9) After regulation 60 (transfer from Personal Independence Payment to Adult Disability Payment), insert—

(60A) Part 3A of schedule 2 makes provision about applications for Adult Disability Payment by individuals who are entitled to Scottish Adult Disability Living Allowance.

(10) After part 3 of schedule 2, insert—

(15A) (1) This regulation applies when an application for Adult Disability Payment is received in respect of an individual who— (a) was under 65 years old on 8 April 2013, and (b) on the day on which the application is received, is entitled to Scottish Adult Disability Living Allowance. (2) Entitlement to Adult Disability Payment under the determination of an application referred to under sub-paragraph (1) (the “interim determination”) begins on the date specified in the notice of determination given to the individual in accordance with section 40 (notice of determination) of the 2018 Act. (3) Subject to sub-paragraph (5) and (6), the interim determination is to be made on the basis of— (a) such information as the Scottish Ministers have in respect of the individual’s entitlement to Scottish Adult Disability Living Allowance, and (b) any other information available to the Scottish Ministers that appears to them to be relevant. (4) Subject to paragraph 15E (special rules for terminal illness – exceptions to 15A(4)), an interim determination must be made in accordance with paragraph 15B (entitlement to Adult Disability Payment under an interim determination). (5) The interim determination does not need to be made on the basis of the information mentioned in sub-paragraph (3)(b) where— (a) the individual— (i) before making the application for Adult Disability Payment reported a change of circumstances to the Scottish Ministers which has not been taken into account for the individual’s entitlement to Scottish Adult Disability Living Allowance, or (ii) has, since making the application for Adult Disability Payment, notified a change of circumstances to the Scottish Ministers, and (b) following the interim determination, the change of circumstances is to be taken into account in a review determination under regulation 15F (review determination of entitlement to Adult Disability Payment). (6) The interim determination does not need to be made on the basis of any information which the Scottish Ministers receive within the application for Adult Disability Payment referred to under sub-paragraph (1). (7) An interim determination— (a) is to be made on the assumption that the individual meets the conditions relating to residence and presence set out in regulations 15 to 21, and (b) may be made on the assumption that whatever can be discerned about the individual’s circumstances from the information mentioned in sub-paragraph (3) remains accurate on the date on which the determination is made. (8) In this Part “interim determination” has the meaning given in sub-paragraph (2). (15B) (1) For the purposes of an interim determination made in accordance with paragraph 15A, an individual may be awarded the daily living component of Adult Disability Payment at the transitional rate specified in paragraph 15C(1) instead of being awarded that component at the standard or the enhanced rate in accordance with regulation 5(2) or (3). (2) An interim determination is to be made on the basis that an individual who had been entitled to the— (a) lowest rate of the care component of Scottish Adult Disability Living Allowance immediately prior to the interim determination is entitled to the transitional rate of the daily living component of Adult Disability Payment, (b) middle rate of the care component of Scottish Adult Disability Living Allowance immediately prior to the interim determination is entitled to the standard rate of the daily living component of Adult Disability Payment, (c) highest rate of the care component of Scottish Adult Disability Living Allowance immediately prior to the interim determination is entitled to the enhanced rate of the daily living component of Adult Disability Payment, (d) lower rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to the interim determination is entitled to the standard rate of the mobility component of Adult Disability Payment, (e) higher rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to the interim determination is entitled to the enhanced rate of the mobility component of Adult Disability Payment. (3) An individual to whom sub-paragraph (2)(e) applies is to be treated as though they have obtained the maximum points for each activity listed in column 1 of the table in Part 3 of schedule 1. (15C) (1) The weekly rate of payment of the daily living component of Adult Disability Payment is, where the individual is entitled to the transitional rate, £28.70. (2) Where an award of Adult Disability Payment is made to an individual under this Part, the Scottish Ministers are to make— (a) the first payment of assistance on a date specified in the notice of determination, and (b) any subsequent payment— (i) 4 weekly in arrears, (ii) weekly in advance, or (iii) where the Scottish Ministers consider that it would be unjust not to do so, at such intervals as may be specified in the notice of determination. (15D) Where an interim determination is made that an individual is entitled to Adult Disability Payment, the individual’s award of Scottish Adult Disability Living Allowance will cease on— (a) the date their entitlement to Adult Disability Payment begins, or (b) where paragraph 15E (special rules for terminal illness – exceptions to 15A(4) applies, the date their entitlement to Adult Disability Payment would have begun had paragraph 15E(2) not applied to set an earlier date of entitlement. (15E) (1) Sub-paragraph (2) apples where the Scottish Ministers become aware before they have made an interim determination that the individual has a terminal illness in terms of regulation 26(7). (2) The interim determination must be made on the basis that the individual satisfies the conditions for the enhanced rate of the daily living component of Adult Disability Payment and— (a) if the individual became terminally ill before reaching the relevant age, that the individual satisfies the conditions for the enhanced rate for the mobility component of Adult Disability Payment, (b) if the individual had reached the relevant age when they became terminally ill and made the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027, that the individual satisfies the conditions for the enhanced rate for the mobility component of Adult Disability Payment, (c) if the individual had reached the relevant age when they became terminally ill and did not make the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027, that the individual satisfies the conditions for— (i) the standard rate of the mobility component of Adult Disability Payment if the individual was entitled to the lower rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment, (ii) the enhanced rate of the mobility component of Adult Disability Payment if the individual was entitled to the higher rate of the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment, and (iii) no mobility component of Adult Disability Payment if the individual was not entitled to the mobility component of Scottish Adult Disability Living Allowance immediately prior to making the application for Adult Disability Payment. (3) Where sub-paragraph (1) applies— (a) paragraphs (4) to (6) of regulation 26 (entitlement under special rules for terminal illness) do not apply, and (b) the individual’s entitlement to Adult Disability Payment will commence on whichever is the later of— (i) the date the individual’s application for Adult Disability Payment was made, where the application included information about the individual’s terminal illness, (ii) the date the Scottish Ministers become aware of the individual’s terminal illness (whether as a result of the individual notifying a change in circumstances or otherwise), (iii) the date that the clinical judgement was made in accordance with regulation 26(7). (15F) (1) The Scottish Ministers are to make a determination of the individual’s entitlement to Adult Disability Payment (a “review determination”) as soon as reasonably practicable after making an interim determination in respect of that individual. (2) Sub-paragraph (1) does not apply— (a) to individuals to whom paragraph 15E (special rules for terminal illness – exceptions to 15A(4)) applies, or (b) where an individual has requested a re-determination under section 41 (right to request re-determination) of the 2018 Act, or made an appeal under section 46 (right to appeal to First-tier Tribunal against determination) of the 2018 Act, in relation to the interim determination. (3) Subject to paragraphs 15H (when an increase in level of entitlement takes effect) and 15I (when a decrease in level or cessation of entitlement takes effect), entitlement to Adult Disability Payment under a review determination under sub-paragraph (1) begins on the date specified in the notice of determination given to the individual in accordance with section 40 of the 2018 Act. (4) The review determination under sub-paragraph (1) is to be made on the basis of any information that— (a) the Scottish Ministers have received in respect of the individual’s entitlement to Scottish Adult Disability Living Allowance, (b) was provided in the individual’s application for Adult Disability Payment, (c) the Scottish Ministers requested from the individual, and (d) is available to the Scottish Ministers that appears to them to be relevant. (5) The restrictions in sub-paragraph (6) apply to a review determination under sub-paragraph (1) where— (a) an individual did not make the application for Adult Disability Payment mentioned in paragraph 15A(1) on or before 31 December 2027, (b) the individual has reached the relevant age, and (c) the determination under sub-paragraph (1) is being made in relation to— (i) a change of circumstances which occurred after the person reached the relevant age, or (ii) a material fact which the Scottish Ministers were not previously aware of which relates to circumstances which began after the individual reached the relevant age. (6) The restrictions referred to in sub-paragraph (5) are— (a) where the mobility component award under the interim determination is 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 original award was given, (b) where the mobility component award under the interim determination is for the enhanced rate, the Scottish Ministers may only award that rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component in the original award was given, (c) where the award under the interim determination did not include an award of the mobility component, the Scottish Ministers may not award that component at either the standard or enhanced rate. (15G) Where an award of Adult Disability Payment is made under a review determination, the Scottish Ministers are to make— (a) the first payment of assistance on a date specified in the notice of determination, and (b) any subsequent payment— (i) 4 weekly in arrears, (ii) weekly in advance, or (iii) where the Scottish Ministers consider that it would be unjust not to do so, at such intervals as they specify in the notice of determination. (15H) (1) Where, as a result of a review determination, the amount of Adult Disability Payment payable in respect of an individual is increased, or their entitlement to a component is awarded, the change takes effect on the date that the individual’s entitlement to Adult Disability Payment would have begun if paragraph 15A(2) did not apply to the individual, in terms of regulation 35(4) to (6). (2) Where an individual has previously received Adult Disability Payment for a period under an interim determination and a review determination has subsequently been made that the same individual is entitled to Adult Disability Payment at a higher rate for that period, the individual is entitled to be paid the difference between the value of entitlement to Adult Disability Payment under the review determination and— (a) the value of Adult Disability Payment to which that individual was previously entitled under the interim determination, and (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. (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. (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. (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.

3

(1) The Disability Assistance for Older People (Scotland) Regulations 2024[^f00108] are amended as follows.

(2) In regulation 26 (amount and form of Pension Age Disability Payment), in paragraph (3)(b) after “attendance under”, insert “article 14 of the Personal Injuries (Civilians) Scheme 1983[^f00109],”.

(3) After regulation 26, insert—

(26A) the amount of Pension Age Disability Payment is reduced by the amount of the payment mentioned in sub-paragraph (b)(i). (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, (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[^f00110], - “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), or is 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).

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 9th January 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for Scottish Adult Disability Living Allowance which is a type of disability assistance given by the Scottish Ministers under section 31 of the Social Security (Scotland) Act 2018.

Part 2 provides an overview of arrangements for payment of Scottish Adult Disability Living Allowance.

Part 3 sets out the eligibility criteria for the care component and the mobility component of Scottish Adult Disability Living Allowance.

Part 4 sets out the residence and presence conditions for entitlement to the assistance.

Part 5 sets out the entitlement rules relating to age.

Part 6 sets out the rules for entitlement to the assistance on account of having a terminal illness and when undergoing dialysis.

Part 7 sets out the effects on payment of the assistance when an individual is resident in a care home, hospital or legal detention.

Part 8 deals with payments, the amount and form of the assistance, time of payment, and continuing eligibility. It also provides for circumstances in which the assistance may be suspended, giving assistance by way of deduction, and when increases or decreases of entitlement take effect.

Part 9 deals with reconsideration of entitlement, where an award of assistance has already been made and is being revisited. It provides for determinations without application to be made where a specified period has elapsed, there is a change in circumstances, to address error resulting in overpayments, official errors resulting in underpayments, or to effect a deduction decision.

Part 10 provides for the situation where people in another part of the United Kingdom in receipt of Disability Living Allowance move to Scotland, or people in Scotland in receipt of Scottish Adult Disability Living Allowance move to another part of the United Kingdom.

Part 11 provides for time periods for dealing with requests for re-determination of entitlement.

Part 12 makes provision for the Scottish Ministers to make payment to suppliers of adapted vehicles, with whom recipients of the assistance have entered agreements for hire or hire purchase. These suppliers must be accredited according to a scheme operated by the Scottish Ministers.

Part 13 and Part 1 of schedule 1 deal with entitlement to short-term assistance, to bridge the gap, in the event that entitlement to the assistance is reduced or removed. This is payable, in certain circumstances, during the time when the change in entitlement is being challenged but the outcome is not yet known.

Part 14 and Part 2 of schedule 1 make provision to transfer individuals who meet the eligibility criteria and are awarded Disability Living Allowance to become entitled to Scottish Adult Disability Living Allowance.

Part 15 and Part 3 of schedule 1 set out the circumstances in which an individual may become entitled to Scottish Adult Disability Living Allowance where, within the previous year, they have had entitlement to Disability Living Allowance or Scottish Adult Disability Living Allowance which has ended.

Part 16 and part 1 of schedule 2 make provision for a consequential amendment to the Social Security Contributions and Benefits Act 1992.

Part 17 and Part 2 of schedule 2 make miscellaneous amendments to the Disability Assistance for Working Age People (Scotland) Regulations 2022 (including making provision in respect of applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance) and the Disability Assistance for Older People (Scotland) Regulations 2024.

Footnotes

[^f00001]: 2018 asp 9 (“the 2018 Act”). Schedules 5, 10 and 11 of the 2018 Act respectively make provision about the exercise of powers under sections 31, 36 and 51. Section 51 of the 2018 Act was amended by section 12(2) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Schedule 5 of the 2018 Act was amended by sections 11(2) and 13(3) of the 2020 Act. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

[^f00002]: S.S.I. 2022/54, relevant amending instruments are S.S.I. 2022/217, S.S.I. 2023/346 and S.S.I. 2024/105.

[^f00003]: S.I. 2011/517, amended by S.I. 2013/436, S.I. 2017/247 and S.I. 2024/347.

[^f00004]: 1992 c. 4. Section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 41 of schedule 1 of the Pensions Act 2007 (c. 22), paragraph 5(2) and 5(3) of schedule 9 of the Welfare Reform Act 2012 (c. 5) and S.I. 2022/335.

[^f00005]: 1992 c. 7 (N.I.). Section 64 was amended by paragraph 38 of schedule 1 of the Pensions Act (Northern Ireland) 2008 (c. 1) (N.I.), S.I. 1999/3147 (N.I. 11) and S.I. 2015/2006 (N.I. 1).

[^f00006]: 2010 asp 8.

[^f00007]: Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c. 30), S.I. 2021/804 and S.I. 2022/335.

[^f00008]: Section 71 was amended by S.I. 1999/3147 (N.I. 11).

[^f00009]: 1971 c. 77.

[^f00010]: 1995 c. 46. Section 295 was amended by section 24(2) of the Criminal Justice (Scotland) Act 2003 (asp 7).

[^f00011]: 2006 c. 42.

[^f00012]: S.S.I. 2024/166.

[^f00013]: 2012 c. 5.

[^f00014]: S.I. 2015/2006.

[^f00015]: 1995 c. 26. Paragraph 1 of schedule 4 was amended by paragraph 39 of schedule 2 of the State Pension Credit Act 2002 (c. 16), paragraph 13 of schedule 3 of the Welfare Reform Act 2007 (c. 5), paragraph 4 of schedule 3 of the Pensions Act 2007 (c. 22), section 1 of the Pensions Act 2011 (c. 19) and section 26 and paragraph 30 of schedule 12 of the Pensions Act 2014 (c. 19).

[^f00016]: EUR 1408/71. This provision was saved by virtue of regulation 6(1) of 2020/399.

[^f00017]: EUR 883/2004. This provision was saved by virtue of regulation 6(1) of 2020/399.

[^f00018]: S.I. 1974/555.

[^f00019]: S.I. 2024/149.

[^f00020]: 2018 c. 16. Section 3 was amended by section 25(2) of European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00021]: 1996 c. 56. Section 485 was amended by S.I. 2010/1158.

[^f00022]: 2002 c. 32. Section 14 was amended by section 59(2), (3) and (4) of the Children Act 2004 (c. 31), paragraph 23(2) and (3) of schedule 14 of the Education Act 2005 (c. 18), section 15(2) of the Education Act 2011 (c. 21), S.I. 2010/1158 and S.I. 2019/1027.

[^f00023]: 1980 c. 44. Section 49 was amended by paragraph 8 of schedule 10 of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39) and section 5(1) of the Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15). Section 73 was amended by section 73 of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 29 of the Teaching and Higher Education Act 1998 (c. 30) and section 3(2) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6).

[^f00024]: 1992 c. 13. Section 65 was amended by section 27 of the Teaching and Higher Education Act 1998 (c. 30), section 34(1) of and paragraph 1 of schedule 9 to the Special Educational Needs and Disability Act 2001 (c. 10), paragraph 15 of schedule 11 to the Higher Education and Research Act 2017 (c. 29) and S.I. 2010/1158.

[^f00025]: 2017 c. 29.

[^f00026]: 2005 asp 6. Sections 4 and 11 were relevantly amended by paragraph 8 of schedule 1 to the Post-16 Education (Scotland) Act 2013 (asp 12).

[^f00027]: 1998 c. 30. Section 22 was relevantly amended by section 146(2)(a) and schedule 11 of the Learning and Skills Act 2000 (c. 21), paragraph 236 of schedule 6 of the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147(3) of the Finance Act (c. 14), sections 42 and 43 and schedule 7 of the Higher Education Act 2004 (c. 8), section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 76 of the Education Act 2011 (c. 21), section 88 of the Higher Education and Research Act 2017 (c. 29) and S.I. 2013/1881.

[^f00028]: 1978 c. 29.

[^f00029]: 2006 c. 41. Paragraph 9 of schedule 1 was relevantly amended by paragraph 135(2) of schedule 4 of the Health and Care Act 2022 (c. 31).

[^f00030]: 2006 c. 42.

[^f00031]: 1999 c. 33. Section 115(9) was amended by S.I. 2020/1309.

[^f00032]: 1971 c. 77.

[^f00033]: 2021 CP 379.

[^f00034]: OJ C 202, 7.6.2016.

[^f00035]: Published at https://www.gov.uk/guidance/afghan-citizens-resettlement-scheme.

[^f00036]: S.S.I. 2009/210.

[^f00037]: 2014 asp 8.

[^f00038]: 2010 c. 25.

[^f00039]: 2006 c. 52. Section 374 was relevantly amended by section 44(3) of the Defence Reform Act 2014 (c. 20).

[^f00040]: 1965 c. 51.

[^f00041]: 1975 c. 14.

[^f00042]: 1992 c. 4.

[^f00043]: Section 120 was amended by paragraph 30 of schedule 4 of the Petroleum Act 1998 (c. 17), paragraph 26 of schedule 3 and paragraph 8 of schedule 7 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), paragraph 70 of schedule 7 of the Social Security Act 1998 (c. 14) and sections 12(2) to (4) of the National Insurance Contributions Act 2014 (c. 7).

[^f00044]: 2020 c. 1.

[^f00045]: S.I. 1974/555.

[^f00046]: S.I. 2024/149.

[^f00047]: Command Paper 2073 and OJ L 1. 3.1.1994, p. 3.

[^f00048]: Command Paper 2183 and OJ L 1. 3.1.1994, p. 572.

[^f00049]: Schedule 5 of the 2018 Act was amended by sections 11(2) of the 2020 Act.

[^f00050]: 1992 c. 4. Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c. 30), S.I. 2021/804 and S.I. 2022/335.

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