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

PART 6 - Entitlement under rules relating to age

Age criteria

24.—(1) Scottish Adult Disability Living Allowance may be paid in respect of an individual who is at least 18 years of age.

(2) Where an individual was born on 29 February, their birthday is to be taken to fall on 28 February in a year which is not a leap year.

Determination of an award after the person has reached the relevant age

25.—(1) This regulation applies where—

(a) the individual—

(i) has reached the relevant age, and

(ii) has an award of Scottish Adult Disability Living Allowance (“the previous award”), and

(b) the Scottish Ministers are under a duty to make a determination of their entitlement by way of a determination without an application under regulations 49 to 53.

(2) The restrictions in paragraph (3) apply in relation to a determination without application under regulations 49 to 53 where the determination is being made in relation to—

(a) a change of circumstances which occurred after the person reached the relevant age, or

(b) a material fact which the Scottish Ministers were not previously aware of, or medical evidence received from a healthcare professional or other person approved by the Scottish Ministers, where the Scottish Ministers become aware of the material fact or medical evidence which relates to a change of circumstances which occurred after the individual reached the relevant age.

(3) The restrictions referred to in paragraph (2) are—

(a) where the transferring individual was entitled to the mobility component of Disability Living Allowance at the lower rate immediately prior to the date of transfer, then regardless of whether the award would otherwise have been for the higher rate, the Scottish Ministers—

(i) may only make an award for the lower rate of that component, and

(ii) may only make such an award where the entitlement results from substantially the same condition or conditions in respect of which the mobility component of Disability Living Allowance was given,

(b) where the transferring individual was entitled to the mobility component of Disability Living Allowance at the higher rate immediately before the date of transfer, the Scottish Ministers

(i) may not award the lower rate of that component, and

(ii) may only award the higher rate of that component where entitlement results from substantially the same condition or conditions in respect of which the mobility component of —Disability Living Allowance was given, and

(c) where the transferring individual was not entitled to the mobility component of Disability Living Allowance immediately before the transfer date, the Scottish Ministers may not award that component at either the lower or higher rate.

(4) Paragraph (3) does not apply where the change of circumstance notified under paragraph (2) occurred before the person had reached the relevant age but the determination referred to in paragraph (1)(b) does not occur until after the person has reached the relevant age.

(5) Paragraph (2)(b) does not include medical evidence in the form of a clinical judgement which was made in accordance with regulation 26(9), (10) and (11) before the individual reached the relevant age.

(6) In this regulation, “healthcare professional” means a—

(a) registered medical practitioner,

(b) registered nurse, or

(c) healthcare professional who is registered by the Health and Care Professions Council.