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

PART 2 - Scottish Adult Disability Living Allowance

Overview

3.—(1) Scottish Adult Disability Living Allowance may only be paid in respect of an individual who meets the requirements in—

(a) regulation 4 (entitlement to other benefits),

(b) regulations 16 to 23 (residence and presence conditions), and

(c) one or more of the following—

(i) regulation 12 (care component),

(ii) regulations 13 or 14 (mobility component),

(iii) regulation 26 (entitlement under special rules for terminal illness), and

who has entitlement to be paid Scottish Adult Disability Living Allowance by virtue of—

(d) a transfer determination,

(e) a determination under regulation 28 (reinstatement of entitlement within a year),

(f) a determination under regulation 29 (request for Scottish Adult Disability Living Allowance when award of Disability Living Allowance has ended)

(g) a determination under regulation 54 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland),

(h) a determination under section 37 of the 2018 Act made after a transfer determination or a determination under regulation 28, regulation 29 or regulation 54, or

(i) a determination under section 49 (first-tier tribunal’s power to determine entitlement) of the 2018 Act.

(2) Scottish Adult Disability Living Allowance is to consist of a care component and mobility component.

(3) There are 3 weekly rates of the care component and 2 weekly rates of the mobility component and those rates are specified in regulation 38 (amount and form of Scottish Adult Disability Living Allowance).

Entitlement to other benefits

4.—(1) An individual is not entitled to Scottish Adult Disability Living Allowance while they are entitled to—

(a) Adult Disability Payment,

(b) Armed Forces Independence Payment,

(c) Disability Living Allowance,

(d) Personal Independence Payment,

(e) Attendance Allowance, or

(f) Pension Age Disability Payment.