The Draft Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024 - draft

PART 18 - Miscellaneous Amendments

Amendment of The Disability Assistance for Children and Young People (Scotland) Regulations 2021

65.—(1) The Disability Assistance for Children and Young People (Scotland) Regulations 2021(^[98]) are amended in accordance with this regulation.

(2) For paragraph 1(1A) of the schedule (entitlement to short-term assistance) substitute—

(1A) An individual’s entitlement to Child Disability Payment is under review in terms of sub-paragraph (1)(b)(ii) and (1)(c)(ii) if—

(a) the First-tier Tribunal for Scotland makes a decision under section 49 of the 2018 Act, in relation to the individual’s entitlement to Child Disability Payment under the determination mentioned in sub-paragraph (1)(a)(i) which superseded the earlier determination of the individual’s entitlement to Child Disability Payment or the earlier determination mentioned in sub-paragraph (1)(a)(ii)(aa) or (bb) or (cc),

(b) that decision is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014(^[99]) (“the 2014 Act”), and

(c) the First-tier Tribunal for Scotland decide under section 44(2)(a) of the 2014 Act to re-decide the appeal under section 46 of the 2018 Act, and

(d) the First-tier Tribunal for Scotland have yet to make a decision under section 49 of the 2018 Act in relation to the appeal.

(3) In paragraph 1(1B) of the schedule, for “(1A)(a)” substitute “(1A)(b)”.

Amendment of The Disability Assistance for Older People (Scotland) Regulations 2024

66.—(1) The Disability Assistance for Older People (Scotland) Regulations 2024(^[100]) are amended as follows—

(2) For paragraph 1(2) of the schedule (entitlement to short-term assistance) substitute—

(2) An individual’s entitlement to Pension Age Disability Payment is under review in terms of sub-paragraph (1)(b)(ii) and (1)(c)(ii) if—

(a) the First-tier Tribunal for Scotland makes a decision under section 49 of the 2018 Act, in relation to the individual’s entitlement to Child Disability Payment under the determination mentioned in sub-paragraph (1)(a)(i) which superseded the earlier determination of the individual’s entitlement to Child Disability Payment or the earlier determination mentioned in sub-paragraph (1)(a)(ii)(aa) or (bb) or (cc),

(b) that decision is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014(^[101]) (“the 2014 Act”), and

(c) the First-tier Tribunal for Scotland decide under section 44(2)(a) of the 2014 Act to re-decide the appeal under section 46 of the 2018 Act, and

(d) the First-tier Tribunal for Scotland have yet to make a decision under section 49 of the 2018 Act in relation to the appeal.

(3) In paragraph 1(3) of the schedule, for “(2)(a)” substitute “(2)(b)”.