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

SCHEDULE 1 - PART 2 - Miscellaneous Amendments

Applications by individuals entitled to Child Disability Payment

4. In regulation 58(3) (applications for Adult Disability Payment by individuals entitled to Child Disability Payment) —

(a) for “higher than the rate” substitute “higher than the latest rate”, and

(b) omit the word “immediately”.

Short-term assistance

5.—(1) For paragraph 1(2) of schedule 2, substitute—

(2) 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individual’s entitlement to Child Disability Payment under the determination mentioned in sub-paragraph (1)(a)(i) which superseded the earlier determination of the individual’s entitlement to Child Disability Payment or the earlier determination mentioned in sub-paragraph (1)(a)(ii)(aa) or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(^[104]) (“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.

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