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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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(d) is not a person to whom regulation 47(1) applies.

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

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

(4) 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.

(5) The restrictions in paragraph (6) apply to a determination under paragraph (2) where the individual has reached the relevant age on 23 February 2026.

(6) The restrictions referred to in paragraph (5) are where the previous award referred to in paragraph (1)(a)(i)—

(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.

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

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