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

(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.

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• (1) The Disability Assistance for Older People (Scotland) Regulations 2024⁹⁹ 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 1983¹⁰⁰,”.

• (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 2006¹⁰¹, - “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

Editorial notes

Individuals in respect of whom Disability Living Allowance was paid before 23 February 2026

47A

• (1) This regulation applies where—

• (a) an individual, immediately before 23 February 2026—

• (i) was entitled to Disability Living Allowance (“the previous award”), and

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 53 and paragraph 5 of schedule 1 as they applied before 23 February 2026, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance under the previous award been established prior to 23 February 2026,

• (b) that individual has not had their entitlement transferred or otherwise become entitled to Scottish Adult Disability Living Allowance,

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

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

• (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 on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Scottish Adult Disability Living Allowance, and

• (ii) the request is made to Scottish Ministers within 34 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Scottish Adult Disability Living Allowance, and

• (e) that individual is not a person to whom regulation 47(1) applies.

• (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)(c) 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)(c), 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)(c), 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)(c) was submitted after the period described in paragraph (1)(d)(i) or (d)(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)(c) was submitted after the period described in paragraph (1)(d)(i) or (d)(ii), the request is to be treated as a request under paragraph 13 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 23 February 2026, 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 23 February 2026.

• (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 and regulation 47B, references to transfer to Scottish Adult Disability Living Allowance are to transfer by virtue of regulation 53 and Part 2 of the schedule of these Regulations, as they applied before 23 February 2026.

Individuals with entitlement to Scottish Adult Disability Living Allowance in respect of whom Disability Living Allowance was paid before 23 February 2026

47B

• (1) This regulation applies where an individual—

• (a) immediately before 23 February 2026—

• (i) was entitled to Disability Living Allowance (“the previous award”), and

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 53 and paragraph 5 of schedule 1 as they applied before 23 February 2026, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance under the previous award been established prior to 23 February 2026,

• (b) has not had their entitlement transferred to Scottish Adult Disability Living Allowance,