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

SCHEDULE 1 - PART 1 - Applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance

Applications for Adult Disability Payment by individuals entitled to Scottish Adult Disability Living Allowance

1.—(1) The Disability Assistance for Working Age People (Scotland) Regulations 2022(^[102]) are amended in accordance with this schedule.

(2) In regulation 2, insert before “”short-term assistance”” —

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

(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

(d) are an eligible individual in terms of Part 3A of schedule 2.

(4) In regulation 45 (when an increase in level of entitlement takes effect)—

(a) in paragraph 1(a)—

(i) For “48(c), 48(d) or 48(e)” substitute “48(c), 48(d), 48(c) or 48(f)”,

(ii) After “Disability Living Allowance” insert “or Scottish Adult Disability Living Allowance”.

(5) In regulation 48 (determination following change of circumstances etc.) after paragraph (e) delete “.” and insert—

,

(f) of an alteration of the component or rate of award of Scottish Adult Disability Living Allowance which the eligible individual was entitled to immediately before the date of entitlement to Adult Disability Payment under the interim award in accordance with paragraph 15B of schedule 2 (interim determination of entitlement to Adult Disability Payment), as a result of a decision made pursuant to—

(i) a redetermination under section 43 of the 2018 Act,

(ii) a decision under section 49 of the 2018 Act,

(iii) an appeal to the Upper Tribunal under section 47 of the Tribunals (Scotland) Act 2014(^[103])..

2. After regulation 60, insert—