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

PART 8 - Reinstatement of entitlement within a year

Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year

28.—(1)This paragraph applies where—

(a) an individual had an ongoing entitlement to either or both components of Scottish Adult Disability Living Allowance, and

(b) the individual’s entitlement to Scottish Adult Disability Living Allowance has ended.

(2) When paragraph (1) applies, the Scottish Ministers must, subject to paragraphs (3) to (5) and regulations 25 (determination after person has reached the relevant age) and 26 (special rules for terminal illness), make a determination without application of the individual’s entitlement to Scottish Adult Disability Living Allowance if—

(a) the individual makes a request, in such form and with such evidence as the Scottish Ministers may require, for the entitlement to Scottish Adult Disability Living Allowance to be reinstated or started, as the case may be, and

(b) the request is made within 12 months of the end of the award mentioned in paragraph (1)(a).

(3) In making a determination required by paragraph (2) the Scottish Ministers are to use—

(a) the information in the request for entitlement to be reinstated,

(b) information they have obtained in connection with the individual's entitlement to Scottish Adult Disability Living Allowance, and

(c) any other information available to them that is relevant to their consideration of whether the individual is entitled to Scottish Adult Disability Living Allowance.

(4) The Scottish Ministers may only make an award under this regulation if the entitlement results from substantially the same condition or conditions in respect of which the relevant component of Scottish Adult Disability Living Allowance was previously given.

(5) The duty on the Scottish Ministers to make a determination without application mentioned in paragraph (2) does not apply where—

(a) the Scottish Ministers are considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance,

(b) the individual has appealed to the First-tier Tribunal for Scotland against the Scottish Ministers' determination mentioned in paragraph (1)(b) ending the individual's entitlement to Scottish Adult Disability Living Allowance,

(c) during the period between the end of the award mentioned in paragraph (1)(a) and the date of determination required by paragraph (2)—

(i) the Scottish Ministers have determined the individual’s entitlement to Adult Disability Payment under the Disability Assistance for Working Age People (Scotland) Regulations 2022(^[50]),

(ii) the Scottish Ministers have determined the individual’s entitlement to Pension Age Disability Payment under the Disability Assistance for Older People (Scotland) Regulations 2024(^[51]), or

(iii) the Scottish Ministers have determined the individual’s entitlement to Scottish Adult Disability Living Allowance under Part 3 of these Regulations.

Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended

29.—(1) This paragraph applies where—

(a) an individual was entitled to either or both components of Disability Living Allowance,

(b) the individual's entitlement to Disability Living Allowance has ended, and

(c) the individual is entitled to make a renewal claim for Disability Living Allowance under schedule 1 of the Social Security (Disability Living Allowance) Regulations 1991(^[52]).

(2) When paragraph (1) applies, the Scottish Ministers must, subject to paragraphs (3) to (5) and regulations 25 (determination after person has reached the relevant age) and 26 (special rules for terminal illness), make a determination without application of the individual’s entitlement to Scottish Adult Disability Living Allowance if—

(a) the individual makes a request, in such form and with such evidence as the Scottish Ministers may require, for the entitlement to Scottish Adult Disability Living Allowance, and

(b) the request is made within 12 months of the end of the award mentioned in paragraph (1)(b), and

(3) In making a determination required by paragraph (2) the Scottish Ministers are to use—

(a) the information in the request for entitlement,

(b) such information as the Scottish Ministers have received from the Secretary of State for Work and Pensions in respect of the individual’s entitlement to Disability Living Allowance, and

(c) any other information available to them that is relevant to their consideration of whether the individual is entitled to Scottish Adult Disability Living Allowance.

(4) The Scottish Ministers may only make an award under this regulation if the entitlement results from substantially the same condition or conditions in respect of which the relevant component of Disability Living Allowance was previously given.

(5) The duty on the Scottish Ministers to make a determination without application mentioned in paragraph (2) does not apply where—

(a) the Scottish Ministers are considering a request for a re-determination of the individual’s entitlement to Scottish Adult Disability Living Allowance,

(b) the individual has appealed to the First-tier Tribunal for Scotland against the Scottish Ministers' determination of the individual's entitlement to Scottish Adult Disability Living Allowance,

(c) the individual’s entitlement to Disability Living Allowance has ended in accordance with the Personal Independence Payment (Transitional Provisions) Regulations 2013(^[53]) or regulation 7(1) of the Disability Assistance for Working Age people (Transitional Provisions and Miscellaneous Amendments) (Scotland) Regulations 2022(^[54]),

(d) during the period between the end of the award mentioned in paragraph (1)(b) and the date of determination required by paragraph (2)—

(i) the Scottish Ministers have determined the individual’s entitlement to Adult Disability Payment under the Disability Assistance for Working Age People (Scotland) Regulations 2022(^[55]),

(ii) the Scottish Ministers have determined the individual’s entitlement to Pension Age Disability Payment under the Disability Assistance for Older People (Scotland) Regulations 2024(^[56]), or

(iii) the Scottish Ministers have determined the individual’s entitlement to Scottish Adult Disability Living Allowance under Part 3 of these Regulations.