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

PART 1 - Introductory and interpretation

Citation and commencement

1. These Regulations may be cited as The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024 and come into force on [xxx].

Interpretation

2. In these Regulations—

"the 2018 Act" means the Social Security (Scotland) Act 2018,

“Adult Disability Payment” means disability assistance for adults given in accordance with The Disability Assistance for Working Age People (Scotland) Regulations 2022(^[2])

"armed forces independence payment" means the disability benefit paid in accordance with article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(^[3]),

"Attendance Allowance" means an attendance allowance under

(a) section 64 of the Social Security Contributions and Benefits Act 1992(^[4]), or

(b) section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(^[5]),

"authorised provider of vehicles" means a supplier of vehicles for persons with disabilities approved under an accreditation scheme run by the Scottish Ministers,

"award" means that a determination has been made that an individual is entitled to be given assistance under section 24 of the 2018 Act in accordance with these Regulations, and cognate expressions are to be construed accordingly,

“bodily functions” means the normal actions of any organ of the body, including the brain, or of a number of organs acting together,

“care component” means the care component of Scottish Adult Disability Living Allowance within the meaning of regulation 12,

"care home" means an establishment which provides a care home service as defined in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010(^[6]) and includes a residential educational establishment,

"date of transfer" means the date when a transferring individual's entitlement to Scottish Adult Disability Living Allowance begins by virtue of a determination made under regulation 7,

"determination" and "determination of entitlement" have the meaning of "determination of entitlement" in section 25 of the 2018 Act,

“Disability Living Allowance" means a disability living allowance under—

(a) section 71 of the Social Security Contributions and Benefits Act 1992(^[7]), or

(b) section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(^[8]),

"immigration rules" means the rules laid before the United Kingdom Parliament under section 3(2) of the Immigration Act 1971(^[9]),

"legal detention" means detention in legal custody within the meaning of section 295 of the Criminal Procedure (Scotland) Act 1995(^[10]),

"mobility component" means the mobility component of Scottish Adult Disability Living Allowance within the meaning of regulation 13 or 14,

“Pension Age Disability Payment” means disability assistance for pensionable age adults given in accordance with The Disability Assistance for Older People (Scotland) Regulations 2024(^[11])

"Personal Independence Payment" —

(a) means personal independence payment under—

(i) Part 4 of the Welfare Reform Act 2012(^[12]), or

(ii) article 82 of the Welfare Reform (Northern Ireland) Order 2015(^[13]), and

(b) includes a concessionary payment made in lieu of personal independence payment under arrangements by the Secretary of State with the consent of the Treasury,

"qualifying services" means accommodation, board and personal care,

“relevant age” means pensionable age (within the meaning given by the rules in paragraph 1 of schedule 4 of the Pensions Act 1995(^[14])), or if higher, 65,

"relevant EU Regulation" means—

(a) one of the following Regulations—

(i) Council Regulation (EC) No 1408/71 of 14 June 1971(^[15]) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

(ii) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004(^[16]) on the coordination of social security systems, or

(b) in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974(^[17]) applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(^[18]),

“relevant individual” has, subject to regulation 18(3), the meaning given in regulation 5(2),

“review determination” has the meaning given in regulation 10(1),

“Scottish Adult Disability Living Allowance” means disability assistance for adults given in accordance with these Regulations,

“short-term assistance” means short-term assistance given in accordance with Part 15 of these Regulations,

“transfer determination” has the meaning given in regulation 7(1),

"transferring individual" has the meaning given in regulation 6(6), and

“week” means a period of 7 days.